Should You Register Your Brand Name or Logo as a Trademark first? Or both?
You’re about to launch or you’ve already launched your business. Now you’re ready to register your trademarks. But what should you register first? Your brand name or logo? Both? Sometimes it’s a comes down to budget or maybe you aren’t set on a specific design that you want consumer to identify your company by just yet.
Nine times out of ten, your customers will identify your brand/ business by it’s name. With that, it’s important to note that by registering your brand/business name as a trademark with the United States Patent and Trademark Office (USPTO), your brand name will give you the strongest protection. Why? Because you’re saying to the world that your business has exclusive rights to a name (word(s) or slogan) in a particular industry in relation to your products and/or services. This means that your name will be protected without regard to any fancy stylization or design, just the word(s) by itself (i.e., a standard character trademark). So if you change how the wording looks over time, the name by itself will still be protected.
On the other hand, if you protect a design/logo, you are protecting the stylization of your trademark i.e., how the trademark looks. Let’s take Coca-Cola for example. The company has registered trademarks for the name Coca-Cola but also how Coca-Cola appears (the stylization). You know, that famous red, cursive font. This allows the company to protect its brand elements in different ways and it adds to the company’s trademark portfolio (the company’s assets). I So if Coca-Cola were to change the design over time and create a new log, they would have to file a new trademark for each new design. You may also consider registering a composite mark, which is a combination of your brand name and logo together. However, this still protects the stylization of your trademark and not the wording alone.
Trademark law is nuanced. It’s more than just filling out paperwork and completing an application. It requires a strategic approach as to how you as an entrepreneur and business owner want to protect your brand in the long-run. If you are able to register both at the same time, go for it. You will get a head start on protecting your different brand elements/identifiers. Tip: Your brand name, logo, slogans, etc. are all different trademarks unless you file some as a composite trademark and will require separate applications.
We can help you navigate the trademark process to help you feel more confident with protecting your brand. To get started, schedule a consultation or brand audit with us here. We can’t wait to work with you.
