The Curious Case Of Trademark Registration – Part II

Why you should register your logo, label and artistic work of your brand?

As you might be spending a lot of time, efforts and money designing a logo, label or design for your brand then you must choose to file the trademark application for such design which is otherwise called as device mark. A device mark is a wise option if you are facing the likelihood of confusion for the literal element of your trademark in such circumstances you may consider filing a trademark application for registration. However, such applications only protect the design of your brand if any third party tried to copy the identical or similar design of logo in relation with the same goods or services.

When you should consider filing device application.

  1. When there are many phonetically similar marks are in the market. Though the most important component of a trademark is the constitution of words, the design of the trademarks are unique in nature and it shall be filed if there are identical or highly similar to the word portion of your trademark. Hence, to avoid the likelihood of confusion and refusal of the mark by the examining officer it is advisable to file a distinctive design component to your trademark which could offer a defense in case of citing similar or identical marks as per the examination report.
  2. The device mark viewed and protected as a whole The composite mark containing both the words and a logo would protect each and every aspect of the design elements contained in such an application. It is also cost-effective to file as a composite mark consisting of both words and a logo, which would protect both the literal portion and the design portion of the mark. There are a plethora of cases which supports the fact that to test the likelihood of confusion or distinctiveness of the trademark the trademark should be viewed as a whole but not in parts. Ideally, it is advisable and safer to three separate trademark applicationsas an

(i) word mark,

(ii) device marks with the composite words and the logo together, and

(iii) The design of the logo alone. But in almost all other cases, filing a word mark application provides complete protection for which you should ensure your the literal elements of your trademark are unique and distinctive.


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