The Curious Case Of Trademark Registration

Should you register a word mark or device mark?

Often a company’s brand seen as a composite trademark consisting of both words and a design/logo. Most common questions are whether I should apply for a trademark to protect the words in their trademark, or the logo, or both the words and logo as a device mark. It is always safer and advisable to apply all three trademark applications if it is affordable to you.

  1. Why you should apply and protect the words in a trademark.

Because the word mark protects your brand even if you change your logo. The graphical elements designed in your trademark may change when you modernize or update your logo. You might face issues while defending your brand or prosecuting a possible infringement when you have only the logo mark. Designs may come and go and prone to change in times, but the characters appear in a trademark remains forever and for the reason, it is preferred to opt for a word mark application then the logo mark if you cannot afford both.

2. Why word marks are generally considered More Important under Trademarks Act 1999. Though many trademarks consist of both words and a design, the literal element of the words in such trademarks constitutes the vital part of the trademark. Especially, well-informed consumers are reminded about the good or service of a brand by referencing the words which comprised the mark but not the logo. In the matters of dispute with respect to the similarity of marks the law weighs on the standard character in the arrangement of words of the trademark application. The curious case of Trademark Registration (To be continued on Part II)


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