Brand Name vs. Logo Trademark: Which Should You Protect First?

Making sure your business is recognizable and identifiable among competitors likely means you’re close to hitting the right success to steadily expand. But then you start worrying about protecting your brand from copycats.

Your first instinct might be to file for trademark name and logo combinations you’re using, but it’s not exactly that simple. Here’s why you might need to prioritize one over the other.

Guide to Registering a Trademark: Name and Logo Differences

When registering your brand’s name or a logo, you’ll be technically dealing with two different aspects of trademarking with the U.S. Patent and Trademark Office (USPTO) or another global trademarking body.

A trademark for a business name or branding is called a “standard character mark.” This type of trademark protects the specific words, phrases, or even the lettering of your mark, without the specific style, colors, logos, or other design elements. Notably, names are allotted a trademark if they’re distinctive enough in the industry. A name that simply describes what the service is will usually be rejected for being too common or close to its function. In this case, a name that is completely made up and has no relation to the service will usually be more successful, especially if you prove its distinctiveness or that your customers can connect your brand’s name with your services.

A trademark for a logo belongs to the “design mark” or “special sign mark” categories. This protects the specific visuals in your logo, such as combinations of fonts, colors, and backgrounds. However, the key here is the design, as a trademark refers to a single specific design combination. A color change would constitute an entirely different logo and might be overturned and require a new trademark registration (again, unless the color is not part of the logo trademark in the first place).

Is a Logo a Trademark?

In the broadest term, a logo can be your company’s trademark as-is, so long as it adequately distinguishes your services or offers from the competition. Some examples are the Nike “swoosh,” Apple Inc.’s “apple” sign, or X’s blue bird.

But you may notice a pattern here: none of the logos actually contain a description of the product or service they offer. Apple’s logo doesn’t have clipart of a PC or mobile phone, which is what allows it to be distinctive in the realm of computing. Windows’ logo is a window, which we all now associate with computers, even though it’s actually part of construction.

Ultimately, the difference in the trademark vs. logo debate is whether you can prove to the USPTO that you are using a logo that makes you instantly recognizable within your industry.

Can You Trademark Name and Logo Combinations in One Go?

Since these trademarks are in different categories, they need to be filed separately with the USPTO. This also means you’ll need to pay the application fee twice (or more if you have additional trademarks you want to apply for).

Notably, trademarks also apply to a single item or service category. If your business, for any reason, operates in two different industries, you may need to file for these trademarks separately, too. The list of categories has 45 trademark classes, and the goods category includes 34 of them, where some can be minimally but crucially different. Before setting out to file a trademark, you may need to determine the exact trajectory your business can take in terms of the items and services it will provide.

Should I Trademark a Name or a Logo First?

Under most circumstances, your brand’s name is a more valuable trademark to have when starting.

Names are the more instantly recognizable aspect of your business. Plus, you’re more likely to use your name on more than just your marketing. A name trademark also protects that name regardless of the specific styling used. So, if your logo contains your business name, the logo is basically protected by extension.

Also, customers are more likely to remember, share, or search for your company by its name. It’s the part that allows you to prove that you’re offering distinct services.

Notably, logos can be worth protecting first if they look generic at first glance, such as just using a color combination that’s uncommon in the business. This can be easily replicated by a future competitor, and your only way of stopping that is to file for a trademark and prove that your logo is recognizable in your niche.

How to Get the Best Trademark Protection

Ultimately, most businesses will create a name-logo combination that becomes indistinguishable from one another, whether by virtue of market success or by making the logo contain the business name. Then, they’ll file for both logo and name protection to “lock” in that protection.

If the system of needing multiple trademark applications to protect different aspects of your branding confuses you, you’re not alone. Professional trademark protection services can help you navigate through both country-specific and international trademark law and streamline filings and applications so you get the best protection available.