Trademark registration: One application for both name and logo?

When considering a trademark registration, you will likely want to register both your logo as well as your name as a trademark. Many people think that it’s possible to register both their logo and their name in one single trademark application. But is this really possible? 

1 trademark per application 

The answer is: no. A name is considered as 1 trademark and a logo as another trademark. In order to register both you must do two applications, one for each trademark. This automatically means that you will also pay for 2 trademark applications. It’s very recommendable to register both name and logo and most professional companies have done so.

Word mark and figurative mark 

It’s also important to know what the official names of a trademark name and a logo are. A trademark name is officially called a word mark, while a logo is officially called a figurative mark. When a logo also has word elements in it, its called a figurative mark with word elements. 

Every trademarks stands alone 

Another misunderstanding many people have, is that their trademarks should be linked to each other. This is however not possible or necessary. Every trademark stands alone and is considered as an individual trademark with its own scope of protection and every trademark is valid according to its own data.

Difference 

Perhaps you want to start with 1 application to economize. If so, it’s important to ask yourself what your priority is in your particular situation. But what is the difference between a figurative mark (with or without word elements) and a word mark, from trademark protection perspective? A word mark, covers the word, regardless of how it’s portrayed. A figurative mark covers the logo in its entirety, including the font, colors etc. Therefore, when you register your logo and you decide to have another logo designed after a year, the new logo is not protected in your original application. In such case, you must apply for a new trademark registration. This is the reason why in general word marks are regarded to provide a stronger and more solid protection. However it’s definitely wise to also register your logo, especially when it’s characteristic and special.

Curious how to register your trademark in 5 steps? Read my blog [in Dutch]! My blogs about distinctiveness, and what classification is are also definitely worth reading! 

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