This article addresses a frequent question from our clients: Should they register a figurative (logo) or textual form of their brand? This decision has significant implications, which are thoroughly examined in this article.
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Words and logos constitute over 95% of all trademark applications. The choice between a figurative and textual form of a trademark involves three key considerations.
1. Usage in Customer Interactions
The primary consideration is how the mark is used in interactions with customers and business partners. If your brand is primarily recognized by its logo, then registering the figurative form offers effective protection against infringement. Often, businesses require protection for the logo form as it distinguishes their products/services in the market.
2. Ease of Registration
Distinctiveness is crucial for successful trademark registration. Textual trademarks often face higher similarity with existing marks, making them harder to register. Figurative trademarks, with endless design possibilities, offer more opportunities for uniqueness. For instance, IBM registered its logo in the EU first, followed by the textual form, ensuring comprehensive protection.
3. Scope of Protection
A registered figurative trademark can protect both the logo and textual elements if distinctive. Registering only the textual form leaves the logo unprotected. Hence, a figurative trademark often provides broader protection, covering various elements of your brand.
In summary, while exceptions exist, the figurative form is generally more suitable for trademark registration due to its distinctiveness, alignment with actual use, and broader protection. If you need further guidance on choosing the right form for your trademark, our expert attorneys at Tramarkify are here to help.