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Trademark type differences

Posted by . updated on 11/11/2009
If a company registers a word mark under the type of (5) WORDS, LETTERS, AND/OR NUMBERS IN STYLIZED FORM.  Claiming colors as a design element, Are the plain words in that logo also registered as a trademark?
Answers (6)
 
JSonnabend
Technically, no, the registered mark is the mark in the colors and/or style appearing in the application.  That said, a stylized "wordmark" gives about the same protection as a true wordmark, practically speaking.

- Jeff
 
 
ramatsu
This is as close as I've seen to my question, which I've not been able to clarify through reading the USTPO site.

I have a new company name I'd like to trademark, and we have already designed a logo that includes a specific typographic treatment of the name, plus additional graphical elements.

From Jeff's previous answer, it sounds like protecting the drawn logo version does not "technically" protect the name itself. If I'm not comfortable with "about the same protection...practically speaking," what is the best way to protect both? Apply for a trademark on the name, and on the drawn logo separately? I'm afraid the second one submitted could be denied because the first takes precedent, and if the first was the weaker, I'd be out of luck.

So... I have a name. I have a logo that incorporates that name. I'm convinced through searches that there are no conflicts (and I've procured the domain names).

What do I trademark?

Thanks!
 
 
JSonnabend
You will receive the most comprehensive protection by filing for registrations on both the word mark and the logo (and the combination, if appropriate).  The later registrations will not be denied over the earlier ones, although the examiner may ask you to confirm common ownership if it isn't clear from the applications themselves.

- Jeff
 
 
bcapehart
I would agree with Jeff regarding seeking registrations on both the work mark and the logo and would add one thing about marks with scripted text or with a design element (with or without color).  Should the mark change over time, you may not be able to renew the registration (between the 5th and 6th year after registration, and every 10th year following registration).  This would depend on the amount of change mark has occured, as the standard is a "material" change.  If the PTO determines that the mark has had a material change, they may reject the renew (by way of a Section 8 affidavit) on the grounds that the mark as registered is not is use.  See, TMEP 1604.13.  Since changes to the script of a mark or to a design element would not effect the ability to renew the word mark's registration, if you can do both, it is advisable.

Brent
 
 
JSonnabend
Brent's advice is dead-on (you see, I do agree with some people).  This is precisely why registering the brand name as a word mark (i.e., without any typeface, style, color, etc.) is highly advisable.

- Jeff
 
 
ramatsu
Thank you! The uspto site should include your great explanation.

Allen
 

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