The name is ready, the logo looks good and the website is almost done. Then comes a less exciting question: do you register the name, the logo or both?
It matters, because the way you file decides what exactly you protect. There is no rule that says to always register the logo or always the word. The better question is which part of your brand needs protection of its own.
Three kinds of application
A word mark protects the name as such, in any style of lettering. NORTHLINE in a website header, on packaging, in a different font: the name is what is protected.
A logo mark, sometimes called a figurative or device mark, protects a particular visual form: a symbol, a stylised word, a layout. It can be very valuable when the picture is what customers recognise.
A combined mark protects a particular combination, such as the name together with a star above it.
Which one you need depends on what stays constant in your business, and the legal effect can differ between countries.
Why the word is often the base
Logos change. Typefaces change, colours change, symbols are simplified, packaging is redesigned. The name often stays. If a company called VERDANA starts with a green leaf, drops it after three years, changes the font after five and rebrands visually after ten, the thing that stayed is VERDANA. Protecting the word protects what lasts.
A word mark does not guarantee protection against every use of the word, since scope depends on the country, the goods and the facts. But it is tied much less to one look than a logo registration is.
If you register only a logo and later use the name in a very different design, you cannot automatically assume the old registration gives you the same protection as a separate word mark. It depends on the registration and the law.
When the logo deserves its own registration
Some brands live on the picture. A fashion company whose symbol is on products, packaging, shops and apps and recognised without the name may need a logo registration of its own. The same goes for mascots, emblems and distinctive devices. If customers know the symbol independently, protect the symbol. In that case a portfolio of the word and the device as separate marks can make sense.
One question to ask
If you redesigned your logo completely next year, what would you still want to own? If the answer is the name, start with the word mark. If it is the symbol, protect the visual identity. If both matter, consider both.
Budget and priorities
Every application costs money, and each one brings its own examination, possible objections and renewal. A company with a limited budget has to choose. Say a start-up called FLORENZA has a small flower icon, expects to redo its website and packaging within two years and has no plan to change the name. The word is the long-term asset, so the word comes first. The new look can be reviewed later.
Pitfalls
Putting everything in one logo. Adding name, symbol, slogan, web address and descriptive text into one file does not give more protection. Some of those parts are not distinctive, some will change, and some are not worth protecting. A filing should show what you mean to protect, not simply copy the artwork.
Colour and typeface. A logo can be filed in black and white or in colours. How colour claims are treated varies, and a fancy typeface can turn a word application into something closer to a logo. Look at the exact representation you file.
Dropping or adding elements. If you registered NOVA with a star and later use NOVA alone, you may still have rights from use and from other registrations, but do not assume the two are treated as the same mark. If the plain name is important, register it.
A slogan inside the logo. Decide whether the slogan works as a trademark at all. A promotional phrase may be weaker than the name.
If the name itself is a problem
Sometimes the word is the weak part. A name such as FAST DELIVERY for a courier may be refused as descriptive. A distinctive logo can sometimes be registered where the words alone cannot, but a logo does not turn a descriptive or generic word into a protectable name. First ask whether the word can work as a trademark; see descriptive, generic, distinctive.
A made-up name like ZELVORA for software is the opposite. There the word is likely to be the most valuable part, and the logo can follow.
Trademark and copyright are different
A logo can involve both trademark and copyright. Registering the logo as a mark does not settle who owns the artwork. If a freelance designer made it, make sure there is a written agreement that deals with ownership. This is easy to forget and awkward to fix later.
Countries
Protection is territorial. If you plan to sell in several countries, you decide separately for each whether you need the word, the logo or both there. You might protect the word in many countries and the logo only where that visual identity matters most. See Countries and why a trademark is territorial.
A simple rule of thumb
- Core name, likely to last: a word mark.
- Visual identity that customers recognise: a logo or combined mark.
- A separate symbol with its own following: a device mark.
- Slogan: assess it on its own. Many are not worth a separate filing.
You do not need every one of these. The best portfolio is not the longest. It is the one that protects the parts of the brand that matter most.
Frequently asked questions
Is it better to register a word mark or a logo?
Neither is better in general. A word mark centres on the name, a logo on its look. It depends on the brand and the country.
Does a word mark protect my logo?
Not necessarily in the same way as a registration of the logo. A word mark centres on the wording, not on one design.
Does a logo registration protect my name?
It protects the mark as registered. Do not assume it gives the same protection as a plain word mark.
Can I change my logo after registering it?
You can change your branding, but the legal effect depends on the registration. If the new logo is very different, a new application may be sensible.
Can I register both?
In many countries, yes, as separate registrations.
Is a black-and-white logo better than a colour one?
It depends on the country and on how you use the mark. File what reflects your real use.
Choosing what to file
If you are not sure which version to file first, ask us. We can search the name, advise on the filing and register the mark in the countries you choose. The prices show the official fee and our fee separately. The glossary explains the terms.
This article is general information and is not legal advice. Rules differ between countries and change over time; check the official source for your case.
