Do you remember my article relating to trademark signs: „Word or figurative trademark – which one is better?”? I indicated in it that the answer to this question depends on your preferences. Nevertheless, the more pros I see in protecting the name of the company. Today I am developing this idea and I will describe in details why it is better to register a word trademark.
It is not so easy to register a word trademark.
Honestly speaking, the registration of the word mark (name) and figurative (logo) has its pros and cons.
It’s like with companies. There is no one that would suit your needs. Selecting one of the forms, you agree to the inconvenience on some level (eg. The responsibility of its assets by shareholders).
It turns out that it is not so easy to register a word trademark. Moreover, the practice of the offices of the last months and years shows that it becomes increasingly difficult. Entrepreneurs (unfortunately) are eager to choose descriptive names, that is, which clearly indicate what they serve for. You can find many examples.
What do you think is sold in a store called:
- e-smartphone;
- mysmells, or
- porcelain24.
If you thought about:
- telephones;
- perfume, or
- porcelain
… it’s bingo.
Such names can not be registered in word form at the Patent Office.
Also, keep in mind that registration of the word trademark signs will not protect your logo. The legal monopoly will cover only the phonetic plane. Theoretically, a competitor can dress another word in your graphic design. And the word mark will not help you here.
Of course that does not mean that nothing can be done.
However, it will be more difficult.
Why is it better to register a word trademark?
In addition to the above disadvantages, the word trademark has many advantages:
1. There is no doubt that you were granted the protection for the name itself, not the graphics.
So that your trademark is not descriptive. The competitor can not defend himself against using another logo. It will not escape the fact that, for example, in the radio advertisement the trademark signs will be indistinguishable.
2. Strong domain protection.
You do not have to buy all the possible domains with your company name. The word trademark signs guarantees that any person who would offer under the domain similar goods or services will violate the law. This protection is strong because there is no doubt that you will only protect the name.
3. The word trademark sign is resistant to rebranding.
Although we associate fashion mainly with clothing, it also applies to corporate logos. See how the APPLE logo has changed over the years. If you have registered a word trademark graphic only, you will need to make a new application in each case. If you do not do this, then the protection right to the old trademark signs can be invalidated by your competition.
Note that for APPLE, though the logo has changed, the name remains the same.
Once registered a word trademark sign it will serve you for decades.
4. It is easier to prove the use of the word trademark signs.
You have a statutory obligation to use the trademark for the last 5 years.
If you do not use the trademark, your competitor may request for invalidation of your trademark.
I have had some of these disputes and believe me, sometimes gathering evidence for use is a mockery. But there are no such problems with the word trademark signs. Each graphic form in this case is suitable. In the end there is the same word in each.
5. With a registered word mark, it is easier to prove that a competitor has violated your right.
Of course, each case is different and needs to be evaluated individually. However, often the protection of name itself helps to separate the phonetic plane of trademarks from the graphic. No one will blame that your trademark is descriptive. In that case, you would not be given protection in the word form.
When attacking a violator, I can dwell on widely, as in radio advertising, both trademarks will be indistinguishable.
6. Registration of the word trademark signs can help you to avoid copyright disputes.
It’s a question of who is entitled to copyright to the company logo.
Please tell me if you have signed a contract with a graphic designer to transfer the copyright to such a logo? I am not talking about a contract for a work, or paying an invoice for an image service. I mean, a contract that clearly indicates what logos are being transferred and what fields of exploitation.
There is no problems with the word trademark signs. In 99% of cases, a single word will not be considered a copyrighted work. By the same token, no one can claim the rights to it, by the very fact of the invention. In case of a dispute about the company logo it may happen that you will have to change it. However, if you decide to register a word trademark – your business name will remain unchanged.
7. Having word trademark protection is good for Google AdWords advertisements.
The point is, you can make objection, that within this advertisements your competitions can not use your trademark signs. Technically, within a special form the scanned documents are send, proving that you have the right to sign.
But importantly, you can not protect yourself against the competition being used by your trademark keyword. Only exceptionally, such behavior of competition will violate the law.
Why is it better to register a word trademark?
- You are certain that the term you use is not descriptive.
- You get strong legal protection for your corporate domain.
- The word mark is resistant to rebranding of your logo.
- You can more easily prove the use of your trademark.
- It is easier to show that a competitor has violated your right.
- You minimize the risk of serious copyright disputes.
- It allows you to restrict the use of your trademark in Google AdWords advertisements.
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- Small company and trademark. When to file a trademark application? - 20 March 2018
- Trademark similarity: When does it lead to an infringement of the law? - 15 February 2018
- Rebranding – when it is a threat to your company? How not to lose a trademark? - 8 January 2018
