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Detroit Trademark Attorney: Should I Include Words, a Logo, or Both in my Trademark Application?

Detroit Trademark Attorney: Should I Include Words, a Logo, or Both in my Trademark Application? - Blog | HIlla Law Firm - Detroit_Trademark_Attorneys_-_Words_or_Logo_Registration

Detroit Trademark Attorneys: Registration of Words + Design Together Optional and Ill-Advised

It is possible to file a trademark application for your business name or tag-line (the "words") together with your pictorial logo or image (the "design"). 

Filing a single application with the US Patent and Trademark Office (USPTO) will save you dual costs of both attorney fees and USPTO filing fees, to be sure. 

However, filing the word mark and design mark together will limit your protection in ways that you possibly cannot yet foresee. 

Your Words Will Be Protected Only as Depicted In That Design

If you register your name or tag-line as a stand-alone trademark application, those words will enjoy full trademark protection. 

If you register them as part of your logo or design, they will be protected only in that specific, pictorial configuration. 

Two separate trademark applications--one for your words and one for your design--will ensure that your business name or tag-line will be protected regardless of its appearance, the font used, colors, or any other graphic elements surrounding it. 

If You Change Your Logo, Your Business Name Will Not Lose Its Protection

Logos change. Businesses engage in new marketing efforts and re-branding efforts. Occasionally, post-formation, they may engage in an endeavor under a d/b/a pseudonym or even change their names (notably, after a merger or acquisition)--but not as often. 

Generally speaking, the name of a business is maintained for a lengthy period of time without alteration. 

Not so logos and graphics. 

If you change your logo, you don't want to lose the trademark protection over your company name. 

Trademark registration is granted as to the design appearing in the specimen included with the original application--including any words or verbiage. 

Detroit Trademark Attorneys: Words + Design Trademark Registration, The Bottom Line

The bottom line is that, if your budget permits it, it is always wiser to file two separate applications, one for your words and the other for your design. 

Although the costs will be duplicate, you may not realize what you intend to do with your logo or design mark years down the line. The last thing you want is to have to repeat the application process because of a font-change 10 years after launch of your enterprise. 

If you would like to schedule a telephonic consultation with Detroit Michigan Trademark Attorney John Hilla to discuss your potential trademark application, contact us here or call (734) 743-1489. 

Attorney Hilla represents Trademark clients nationwide. 

How Do I Register a Trademark for my Cosmetics Brand?

Registering a Federal trademark for a cosmetics brand or product requires that the name or logo uniquely identify the source of the product to consumers. The Hilla Law Firm will walk you through the registration process start-to-finish with maximum customer service and affordable flat fees. (734) 743-1489.

What Is a Trademark Application Descriptiveness Refusal?

Michigan Trademark Attorneys: A name or logo that merely describes the goods or services it identifies to consumers is not eligible for trademark registration. The Hilla Law Firm, PLLC will assist with your Federal trademark registration at an affordable flat rate. Premium customer services, virtual consultations. (734) 743-1489.

Can I Register My Band Name as a Trademark Even If It Is Offensive?

Detroit Michigan Trademark Attorney - A band or rapper or musician's name can be registered as a trademark even if offensive so long as it meets the other criteria for registration. The Hilla Law Firm specializes in helping bands and musicians protect their brands. Affordable flat fees. (734) 743-1489.

How Do I Register a Trademark for a Board Game?

Trademark Attorneys - To be registered as a Federal trademark, a board game name or logo must uniquely identify the product to consumers. The Hilla Law Firm will assist you in registering your Federal boardgame trademark with friendly service, virtual consultations, and affordable flat fees. (734) 743-1489.

Can I Register a Trademark for a Flag or Other National Symbol?

A national or state flag or other national insignia may not be registered, but other elements including so-called "national symbols" may be unless they falsely suggest a connection with the nation or state. Contact The Hilla Law Firm, PLLC to discuss your trademark registration at (734) 743-1489. Affordable fees!
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