A trade mark is a sign which is used by a business to differentiate its products or services from those of its competitors. A huge variety of things can be registered as trade marks including names, logos, shapes, colours, sounds and even smells if they serve to distinguish one business from another. However, the most common by far are trade marks for names and logos and these make up the vast majority of marks on the Intellectual Property Office register in the UK.
So, what is the difference between a word only mark and a logo mark and which should you protect? Generally speaking, a word only trade mark affords the strongest form of protection over the name of a business or product as it allows you to prevent third parties from using an identical or similar name for identical similar products or services. A word only mark protects against use of that mark in any font or colour which gives a wide range of protection. A logo trade mark containing a business or product name will give the owner weaker protection over the name itself as it is protecting the combination of the name with the design, colours and images contained in the logo. However, it will provide fuller protection against a third party seeking to provide goods or services under a similar logo, even if the name is slightly different. Certain names may not be registered as trade marks on their own. If a name is descriptive of the goods or services being provided, e.g. “Glasgow Taxi Services”, it is very unlikely to be capable of being registered as a word only mark. However, if it is combined with a logo which has significant design elements to distinguish it from competitors, then the logo may be able to be protected even if it includes the name as an element of the logo. However, the best trade marks tend to be those which are the most distinctive and do not contain descriptive terms as these marks can more readily distinguish your business from its competitors.
If a business has a logo which it uses consistently alongside its business name it should consider registering both the name and logo as separate trade marks to ensure they have the strongest protection over both elements. This is not always possible due to budget constraints, particularly is a business is seeking to protect its brand in a variety of territories. If that is the case, it may be necessary to make a choice between protecting the name or the logo.
Logos tend to change or vary more often than business names and as a result of this many businesses will choose to register their name as a trade mark rather than their logo if it is not possible or practical to do both.
A trade mark is an important and valuable commercial asset to any business. We regularly advise our clients on which trade marks to protect and can assist with trade mark searches to check for availability, as well as dealing with the application process on their behalf.
We have a team of trade mark experts, including a Chartered Trade Mark Attorney, with specialist knowledge and experience on hand to help you. We will guide you through the process, providing you with a bespoke service tailored to your business needs.
Call us on 03330 430350 for comprehensive trade mark support and advice.
