When building a brand, one of the most important legal steps you can take is registering your trademark. But should you register your brand name or your logo first?
In this guide, we'll break down the key differences between word marks and logo (i.e. design) marks, and help you decide which one to file first.
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For more insights, check out my latest video: Word Mark vs. Logo – Which Should You Trademark First?
Understanding Trademarks
A trademark provides legal protection for your brand’s identity, preventing others from using a similar mark in a way that could cause confusion in the marketplace. Trademarks can cover a variety of brand elements, including:
- Business names
- Product names
- Logos
- Slogans
- Sounds
- Even colors in some cases
Before we dive into which trademark you should file first, it’s crucial to understand that you can only submit one trademark per trademark application. Many business owners mistakenly believe they can register both their name and logo in a single application, but that’s not the case.
Types of Trademarks
- Business Name (Standard Word or Character Mark) – This protects the words as written, without any design elements. It allows flexibility, meaning you can change colors, fonts, or designs without affecting the trademark’s protection. No one else can use the same or a confusingly similar name for similar goods or services.
- Logo (Design Mark) – This protects the visual elements of your logo, including fonts, colors, and specific design elements. If your logo includes words, the trademark applies to the design, not just the name itself.
- Composite Mark – A combination of both words and design elements. However, this type of registration protects the mark as a whole, meaning any changes to the design could require a new trademark application.
Regardless of which type of application you choose, the standard of review remains the same: the USPTO will assess whether the mark is likely to be confused with an existing trademark or pending trademark application.
Trademarking a Business Name
A word mark protects the name itself, regardless of how it is styled or presented. Here’s why registering a business name first is often the best option:
- Provides broad protection – Prevents others from using the same or a confusingly similar name within your industry.
- More flexibility – You can change your branding, including your logo, without losing trademark protection.
- Essential for business expansion – As your business grows, having exclusive rights to your name ensures protection across multiple platforms and branding materials.
Trademarking a Logo
A logo trademark protects the specific visual design of your logo. This includes elements like fonts, colors, and graphic features. Some key considerations:
- Protects brand identity – Ideal for businesses with a strong, recognizable logo (e.g., the Nike swoosh).
- Less flexibility – If you change your logo design, you may need to file a new trademark application.
- Not as broad as a word mark – The protection applies primarily to the specific design rather than the name itself.
Which Should You Trademark First?
It depends on your specific business circumstances, budget, and goals. However, if you have to choose just one, trademarking your business name first is generally the better choice. Here’s why:
- People refer to a business by its name, not its logo. A name is more recognizable across different branding and marketing channels.
- A word mark offers broader protection. You can change the look of your logo while keeping your name protected.
- Most businesses update their logos over time, but a business name remains more constant.
That said, in an ideal world, businesses should trademark both for maximum brand protection.
Additional Considerations
- If your business name is too generic or descriptive, it may be harder to trademark. In that case, a logo trademark could be a useful alternative.
- Conduct a trademark search before filing to ensure your name or logo is not already taken.
- Schedule a free call with my office to develop the best strategy for protecting your brand.
Final Thoughts
Choosing between a word mark and a logo trademark is an important decision for your business. While both offer valuable protection, most businesses should trademark their name first to secure broader legal rights. If your budget allows, registering both can provide comprehensive brand security.
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