Is It Better To Trademark A Name Or Logo?

Most businesses need to trademark both their business name and logo. They are the cornerstones of almost every brand. If you plan on being in business for any amount of time, you’ll be building a brand. You need to trademark your name and logo because they represent your brand.

Can a business trademark the name of its logo?

There are a few reasons that a business might opt not to trademark its logo. If your company logo is a standard character mark, the wording must be specific. Generic or broad words aren't eligible for trademark protection. One example of this might be a business called "The Barber Shop."

How can I protect my logo without a trademark?

Without a registered trademark, your company doesn't have the legal ability to protect your design. Furthermore, if the other business files an application on their design first, it's likely that they will receive the trademark protection. It's difficult to prove which company was using a logo first.

Do you have the right to use a trademark?

Companies do have some protection under common law trademark rights. These rights are given through regular business use of a logo or other symbol. But if the mark in question violates a trademark held by another person or business, the trademark rights hold up over common law trademark rights.

Why is it important to trademark a word or phrase?

The standard character mark for the word or phrase (text only) Filing multiple applications protects your logo in all forms so you can use it freely. It's also important to note that trademark protection restricts another person or company from using a similar mark that causes confusion among consumers.

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