• April 19, 2021

Trademark a name and logo: together or separately?

Trademarks can be product or service names, logos, slogans, packaging, and even sounds and smells. In essence, a trademark can be almost anything that is used to identify a particular product or service. Registration of a trademark gives the owner exclusive rights to the trademark within the specified industry. Of course, it is necessary to investigate the mark thoroughly before filing the application to ensure that there is no possibility of infringing another party.

Let’s say you’ve done your due diligence, done a thorough investigation, and your name and logo are legally available. The next step is to apply for a federal trademark.

Now when it comes to presentation, a big question is whether the name and logo should be presented together or separately.

This decision will depend on a number of circumstances, as with most things in the branding world. Let’s take some time to analyze a few different scenarios:

1) Their extensive research of trademarks in the logo shows that it is legally available, while research of trademarks in the name shows a similar name, not the same, within a related industry, not the same. Your trademark attorney may advise you to file the name and logo together to ensure registration.

2) When displaying your brand (eg advertising, website, labels or signs, etc.), the logo is ALWAYS displayed with the name, but the name is sometimes displayed without the logo. In this case, you may want to submit two requests: the name and logo together AND the name only.

3) The logo you are using is the crux of your brand and the name you are using is completely descriptive of your products / services. You may want to register your logo only OR register your logo only AND register the name and logo together.

One important thing to keep in mind, regardless of your particular situation, is that whatever comes before the USPTO is exactly how you should use the mark. The USPTO wants to see your brand as you introduce it to your customers.

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