Trademarks can be names of products or services, 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. Registering a trademark grants the owner exclusive rights to
the mark within the specified industry. Of course, it's necessary to
research the mark comprehensively prior to filing to ensure that there
is no possibility of infringing upon another party.
Let's assume
you've done your due diligence, had comprehensive research conducted and
your name and logo are legally available. The next step is filing for a
Federal trademark.
Now when it comes to filing, a big question is should the name and logo be filed together or separately?
This
decision is going to depend on a number of circumstances, as with most
things in the trademark world. Let's take some time to go through a few
different scenarios:
1) Your comprehensive trademark research on
the logo shows that it is legally available whereas the trademark
research on the name shows a similar, not the same, name within a
related, not the same, industry. Your trademark attorney may then advise
you to file the name and logo together to ensure registration.
2)
In showing your mark (e.g. advertising, web site, tags or labels,
etc.), the logo is ALWAYS shown with the name but the name is sometimes
shown without the logo. In this case, you may want to file two
applications - the name and logo together AND the name alone.
3)
The logo you're using is the crux of your brand and the name you're
using is entirely descriptive of your goods/services. You may want to
trademark your logo only OR trademark your logo alone AND trademark the
name & logo together.
An important thing to keep in mind
regardless of your particular situation is that whatever is filed with
the USPTO is exactly how you should be using the mark. The USPTO wants
to see your mark as you present it to your customers.
Post a Comment