When registering a brand, one of the first decisions is what exactly to register: the name, the logo or both. This decision greatly affects the scope of protection.
Word mark
Registration of the name itself, in plain letters, without a specific design. It protects the name in any form and font, so its protection is usually broader. On the other hand, it is harder to register when the name is weak or descriptive. See what cannot be registered.
Design mark
Registration of the logo: shape, colours, a specific font or a combination of words and design. It protects the look as registered. Sometimes a design mark can be registered even when the word itself is weak, but then protection of the word alone is limited.
When to register both?
When both the name and the logo are important and identified with the business. With a limited budget, start with the name, which remains even when the logo changes.
What if the logo changes?
A logo registration protects the registered version. A material change may require a new application; a small change that does not alter the overall impression usually does not harm protection. It is better to rebrand before filing, or time the filing with the change.
Colours, sounds and shapes
In some cases even a product or packaging shape, and even a colour, can be registered when identified with the business. This usually requires proof of distinctiveness acquired through use.
Where do you go from here?
A good trademark is chosen, checked and registered correctly from the start. At Paz Israel & Co. Law Office we support businesses, startups and entrepreneurs with availability searches, class selection, filing, responding to the examiner and oppositions, as well as registration abroad and enforcement against infringers. For more information see our trademark registration page, or contact us to schedule a meeting in Tel Aviv, Jerusalem or Modi’in.
This article provides general information, is correct as of the time of writing, and does not constitute legal advice or a substitute for reviewing your specific circumstances.