Should I trademark my logo and brand name together?
Sure, if you like shooting yourself in the foot!
That’s a bit exaggerated, however, I will explain. You can register a trademark as a plain word with no particular style, design, font, or color. When you file a plain/standard character trademark with the United States Patent and Trademark Office (USPTO), you are then allowed to use the trademark in any font size, style, or color. A standard character mark gives you the broadest protection, but it will not protect your logo.
A design mark protects your business’ logo with a particular style, design, font, and sometimes color. It is best to trademark a logo in black and white so you can change the colors as you please. If you file a mark in a specific color you are limiting yourself to protecting the logo in only those colors.
Separation is best.
Registering both elements of your trademark together can put your business’s intellectual property in a vulnerable position. Federal trademark registration for your business name and logo together requires you to use them together at all times to have legal protection. Let’s say you file for a design mark and it has a picture of your brand’s mascot with the brand name underneath. It would be pretty difficult to use that design mark in a sentence. This example illustrates the importance of trademarking both, separately. Certain instances, such as advertising or marketing strategies, make it necessary to use only one element of your trademark. We recommend keeping the word and logo separate to simplify your business operations. Otherwise, you run the risk of leaving your business exposed to trademark infringement.
Flexibility is key.
Also, registering your brand name and logo separately provides more flexibility in case you want to modify or update either element in the future. It also allows you to use your logo with different brand names or vice versa without affecting the validity of your trademark registrations.
Trademark protection only extends to the trademark registration exactly as it's submitted to the USPTO. For instance, if you trademark a logo with your company name in it, you technically would not have ownership of just the word, your protection would be limited to the image of the word on your registration. Your competition can use your business name or logo separately with fewer repercussions if both items are only registered together.
Keep in mind that all major brands, at some point were startups with the same dilemma. Trademark registration is only as valuable as the owner’s ability to protect it against potential infringement. You will have a difficult time enforcing or suing infringers if you do not properly register your trademark. The upfront investment is a good insurance policy to give you peace of mind.
Wordmarks tend to last longer than logos.
Businesses rarely change their name, however, logos tend to be less permanent. Think about Coca-Cola. Since the late 1800s, Coca-Cola has always been known as Coca-Cola. In this same period, they have had over 10 logos. Registering your name and logo together would require a new registration for your business name if you change the logo.
It’s certainly cheaper to register the brand name and logo together, and in some cases, it may be all you can do with your budget. However, cheaper does not mean better. Each trademark application typically costs $250 per class. By separately registering both elements, your government fees increase to $500 (In this economy? Uncle Sam spares no one). In the short term, you save money registering the items together. In the long term, you pay more when/if you rebrand your products or change your logo. It is better to implement a long-term, cost-effective strategy for your business upfront rather than having to refile later resulting in additional costs that could have been avoided.
Invest in your business’ success and separate the two if your budget allows!
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