It’s an extreme scenario, but it conveys the point. Think of how much this scenario would damage the integrity of Apple as a recognizable brand! If they were to do this, and Steve Jobs only owned the trademark as a combined registration, he wouldn’t have any recourse against this action. Let’s then say that after a few years of success, Microsoft took notice, and in an effort to create a little industry confusion, they begin using the Apple logo. Both the name and logo of Apple are very distinguishable, right? Let’s pretend that Steve Jobs decided to save a little bit of time and money when he registered the Apple trademark and threw them both in together on one application. According to the USPTO, you actually don’t own your name or your logo individually. Therefore, an infringer would have to use both your name and logo in order to constitute legal infringement. Registering your name and logo together is comparable to ONE trademark in the eyes of the USPTO.
This means that if you register them together, your direct competition could theoretically use your name or logo, as odd as that sounds. Keep in mind, your legal protection only extends are far as how it appears on your trademark registration. The third consideration? Protecting yourself from infringers: aside from the time and cost considerations that would come with a re-filing, there is an even bigger reason why you should not register your name and logo together: by doing so, you significantly undercut your own ability to protect your brand from infringers.
SHOULD I TRADEMARK MY LOGO REGISTRATION
And because the registration process can take anywhere from 6-12 months, this can significantly delay your rebranding process. For example, if your name remained the same, but you changed out your brand colors, or the logo itself, you would have to file an entirely new registration. If you registered your name and logo together, any sort of rebrand of either your name or logo would require a new registration. However, the odds of your logo evolving over time are significant especially as you add new or different goods or services to your offerings. While of course it’s possible, chances are, your business name won’t change much as your business grows. If, on the other hand, you register them both separately, you will be able to use them separately without losing that federal protection.Īside from the limitations of how you could use your name and logo, it’s important to take into account another scenario: rebranding. Having to remember to use them together, always, is going to be nothing short of complicated and burdensome for both yourself and your team. If you file them together but don’t always use them together, that federal protection you applied for won’t apply- registering them together means that any time you’re using your business name, you must present your logo as well. So, if you file your name and your logo together, you must actually use them together at all times to maintain your legal protection under federal law. This is important: this means that the federal protection you acquire from the USPTO only applies to the mark as it’s been registered. In the United States, trademark protection only extends to the trademark registration as it’s submitted to the United States Patent and Trademark Office (USPTO). Here’s why I always suggest that my client file them separately: However, sometimes choosing the quicker and cheaper option will cost you much more time and money in the future. Registering together is going to save you money, and likely, time. However, for reasons explained below, you’ll most likely end up having to walk through the process again later on if you register together. Registrations will take about 6-12 months. Filing fees (exclusive of attorneys fees) will usually be approximately $300 per application. So, it’s no surprise that one of the most frequent questions I get from entrepreneurs looking to trademark their business is whether or not they should register their business name and logo together on one application. However, anyone who has looked into the process knows two things to be true: first, it’s expensive. Acquiring a trademark is an essential step to protecting your brand’s identity, and as such, is a consideration that every business owner should take into account.
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