Logo registration and name registration can resemble similar but are separate from each other. If you’re a small or medium-sized business then operating trademark and patent law can be complicated. Every country has different laws for common law protection and registration guidelines. You want to protect your brand and your organization without creating unnecessary costs. You may have a logo and a business name that you would like to protect. But does name registration differ from logo registration? Do you need to complete any one or both? There are many important differences between the two and the confusion between them can cost your business money.
Let’s make sure you understand different types of trademark, the difference, and get the protection you need.
Different Types of Trademark
According to Trademark Act, 1999, a “mark” adds a label, ticket, sign, device, brand, heading signature, name, shape of goods, alphabet, number, packaging, or combination of colors or any blend thereof.
There are different types of Trademarks in India divided into the following categories:
- Word Mark – Slogans, Taglines, or Word or Letters
- Device Mark – Logo/ Combination of Words or a Logo/ Pictures or Drawings
- Shapes of Goods
- Colour Mark
- Sound Mark
- Three Dimension Mark
Must Read: What Can I Trademark: Everything you must know before filling
Understanding marks in Logo Registration
1. Word Mark
Word Mark means a name written as a Letter or group of letters or even Text or a word is the most common form word of the mark.
Even, a wordmark includes one or more letters, words, numerals, or anything written in standard character. A wordmark could be a text of Name, Slogan, brand, or tagline without design. E.g., Microsoft, Tata, Apple, Google, KFC, IBM, NDTV, etc.
Also, Slogans or Taglines can come under this category of Word Mark. Examples of slogans are Nike’s ‘just do it’, L’Oreal “because you worth it” etc.
2. Device Mark
Logos or a mix of words and a logo, a particular model or design of a name is named Device mark. A device mark includes any label, monogram, sticker, logo, or any geometrical figure other than a wordmark.
Logos are the most common form of mark. A logo can be a design that is used as a mark for marketing the products or services. The logo needs to be explanatory or elaborate. However, it must be distinctive to identify the products and services sold under the mark.
In case of trademarks submitted in a specific mix of colors other than black and white, it shall be presumed that the distinctiveness of the mark is claimed in that mix of colors and application will be considered respectively.
3. Colour Mark
Colour Mark means a trademark consisting of a single color, or a mix of colors, and the combination of color is claimed to be registered as a trademark.
Even, color Mark can be claimed when the distinctiveness is claimed in the mix of colors with or without the device.
A color mark can be registered only if the color is a new invention and the customers directly link the color with the brand. Unless the color as such identifies the product, it will be difficult to show distinctiveness with just a single color.
4. Shapes of Goods
Shape Marks are capable of differentiating the goods with their shape or packaging.
For example – Apple iPhone, Coca-Cola Bottle, etc.
5. Sound Mark
Sound Mark refers to especially musical notes or composed sounds and that is used to identify particular goods or services.
Examples – 20th Century Fox Fanfare, Duracell’s 3-note “coppertop” logo, AT&T’s sonic, McDonald’s Corporation’s five-note “I’m lovin’ it” jingle, Samsung ringtone, Sony “ding” sound logo, etc.
6. Three Dimension Mark
A Three-dimensional trademark involves the shape or packaging of products.
What is logo Registration?
A logo is the part of the Intellectual Property of an association. Even businesses should enlist with a specific end goal to make the brand mindfulness among potential customers. The logo is a word or an image or expression which is planned in such an approach to speak to the entire association. Logo registration shows huge significance with regards to lawfully keeping up business services. Business gets its name and acclaim through its unique logo and trademark and accordingly, it’s unavoidable for each business visionary to look through a remarkable logo and afterward apply for its registration with a reason to secure the business.
What is a Name Registration?
Name registration is also important. You register the name of your business and claim ownership so it’s not taken by another business. Your unique business name is the most recognizable asset of your business’s presence. Plus, you want to protect yourself against entities misusing your company name as well. Name registration can help you to cover your company name in all aspects whereas logo registration only covers that unique identifier of your company design.
Difference Between Trademarking a Name And a Logo
You can register your business name as a “standard character mark”, which is any combination of letters and numbers with no reference to design, style, font, or color. As per the United States Patent and Trademark Office, the rights in a standard character mark “reside in the wording,” allowing you to “use and prevent the mark in any font size, style or the color.” Standard character marks provide the broadest possible rights of any one form of trademark protection but do not protect special designs and coloration.
A “Standard Character Mark” will offer protection for the name of the company or the slogan for the company, and provides the exclusive right to use the slogan or name in any form in combination with the categories of products and services that we identify in the application.
You can also register a special design referred to as a “design mark” or “special form mark,” Special form marks protect a specific combination of a design element such as a logo, stylized lettering, or both. This type of protection is best for businesses looking to protect a distinctive visual signal or aesthetic, but it is fairly limited. Special form rights protect only the specific style registered. You’ll have to file again if you want to make a design change.
A Design Mark will give security for the companies’ logo. This will be considered as a trademark application for the black and white types of logos so that you have protection over any color types of the logo as well.
Which One Should I Trademark?
It depends on various factors. The higher value should lie in name recognition rather than familiarity with a logo. Since logos change more often than names, it is better to register a standard character mark to protect the business itself. With their standard character marks and set of rights allows you to have complete control over your company name. Because standard character marks protect the mark in any font size, color, or style, if your logo contains the name of your company, then nobody, who offers the same products or services would be able to copy your logo even if you only registered your standard character mark. However, if your logo commands attention, or if you are concerned about other companies using a similar logo, you may want to consider trademarking it.
Now, let’s take a hypothetical company to understand this, “Wipro’s”. If Wiprose registered as a standard character mark, then Wiprose’s competitors would be prohibited from using the name “Wiprose” (or any confusingly similar name) within the same categories of goods and services offered by Wiprose. This security will even continue to the company’s logo because the logo includes the word “Wiprose.” But, if Wiprose did not receive protection under a design mark application as well, another company may be able to do a related logo but with a different word without infringing on Wiprose’s registered trademark.
Also see: What is the difference between Trademarks and Service Marks?
Do I Register Logo & Name Separately or Together?
The answer is separate. Although you can apply a trademark for your name and logo together and each one considers as a separate mark. As such, each mark (i.e. your design mark and your standard character mark) requires its application.
If you are searching to get your mark registered, get in touch with Trademarkcart Now!!
Let us assist you while deciding registering in which countries is crucial and where a simple TM would work as efficiently.
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