Difference Between Registering a Name or Logo as a Trade Mark?
There are significant difference between registering a name or logo as a Trade Mark. Each trademark application covers only a single element of a trademark, either name or logo. A Device / Composite mark application won’t protect each of the components, name and logo separately.
Every trademark applicant has the same question that whether they should file a trademark application for the brand name and logo together in one application?
In India, we have mainly 6 ways to protect Trademark.
- Word Mark
- Device Mark
- Colour Mark
- Shapes of Goods
- Sound Mark
- Three Dimension Mark
The first 2 are related to the name and Logo and others are related to colour, shape, sound and design of a product.
Nike and Mc Donald’s (Name / Logo / Composite Mark)
Nike and Mc Donald’s Trademarks in the picture above is explained as follows:.
NIKE | Figure 1 | Figure 2 | Figure 3 |
Components | Nike Name | Nike Logo / Emblem | Nike Composite Mark containing Name, Logo and Slogan text ‘Just Do it’ |
What is protected? | Name ‘Nike’ in all forms and Colour | Only the Logo in all Colours | Only the design (with all the 3 components) in all Colours |
MC DONALDS | Figure 1 | Figure 2 | Figure 3 |
Components | Name - Mc Donald’s | Mc Donald’s Logo / Emblem with two arches forming M | Mc Donald’s Composite Mark containing Name, Logo and Slogan text ‘I’m Loving it’ |
What is protected? | Name ‘Mc Donald’s’ in all forms and Colours | Only the Logo in Red and yellow combination | Only the design (with all the 3 components) in Red, Yellow & White combination |
Word Mark and Device mark explained.
Type of Mark | Description | Protection |
Word mark | Registration of a business name | Protects the name itself, not any particular font or styling or design |
Device mark or Composite Mark (Logo, Logo Composite, Figurative Mark or Combined Mark (a combination of word and figurative elements) | A mark composed of an image or graphic or words or combination there of | Protects the overall impression of the image. This includes the shape, orientation and style, with or without words on the image. Importantly, the words themselves do not have trade mark protection. |
Work Mark or Device mark (Logo Composite Mark)?
Before filing a Trademark, one has to decide whether you have to trademark the name or slogan of a business or the logo for the business, or both.
Here we try to explain the differences between Work Mark or Device mark and the important pointes to be considered by and entrepreneurs to protect the trademark.
‘Wordmark’ or ‘Name Trademark’
A Trademark is be a Name, Logo, Slogans or a Design or a combination of these to identify and distinguish goods and services of the owner of Trademark. This can be a Word, Sign, Symbol identifies the trademark owner. A trademark must be a unique identifying mark, specifically associated with the goods or services that a company offers in commercial trade.
Name of your business or brand can be registered as a “Wordmark”, which could be combination of letters and numbers with no reference to style, design, font or color.
According Trademark Act and Rules, the rights in a word mark reside in the wording. That means, the use of a wordmark protects the mark in any font size, style or color. A ‘Wordmark’ will protect the name of the business or the slogan for the business, and provides the exclusive right to use the name/slogan in any form in combination. But the ‘Wordmark’ does not protect designs and color of a trademark.
Device Mark or Logo Composite Mark
Device Mark or Logo Mark, or Logo Composite Mark is a specific design, or a form trademark these marks protect a specific combination of writing style or lettering or the design element of the logo, or both.
Device Mark protection is to protect a distinctive design. This protects only the particular style what is going to be registered. If you want change the design in future, the revised design is to be filed again.
Wordmark or Device mark to be filed?
Very important thing to be noted is that each trademark application covers only a single trademark. If you file one application containing your brand name and a logo together, then the scope of trademark protection is for only for that specific arrangement and combination of both features. The application won’t protect each of the components, name and logo separately.
If you wish to use your brand name and logo separately, then it is highly recommended to file two separate applications for each of these components, one for the word mark and another one for their logo. By filing two separate applications, you will get protection for each of the components independently.
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