This separate registration prevents other competitors in similar industries from adopting a tree design as their logo. As a result, it’s important to protect that design separate from your name so that others in the industry cannot use something similar that would cause confusion and result in the loss of the goodwill you’ve created with your consumers.įor example, Timberland owns the trademark for the name TIMBERLAND, but they also own a trademark for their circle tree logo. Consumers can come to recognize your brand by a simple mark, artistic design, or symbol without any words at all. Protecting Design Elementsĭesign elements of a trademark are often extremely important to protect. This way it can use them interchangeably and in any combination. For example, McDonald’s owns a trademark on the name “McDonald’s” as well as the logo of the golden arches. That way you can use the word phrase in any style you choose without forfeiting your rights. To avert this, it’s customary that you file your name and logo separately. Failure to do so will result in the loss of your trademark rights upon renewal, and a new filing of any new design will be required.
Trademarks filed as design plus words must use that exact combination in relation to all its goods/services. A name and logo together is called a design plus words trademark. Unless you plan on using your logo’s exact depiction in all your uses and for the indefinite future, you should register the logo and words separately. Typically, if words are included in the design, you don’t want to get stuck with the exact positioning of the word and design elements. However, if your logo includes any words, you should register your business logo and word mark separately.
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