A trademark can be the name, logo, slogan, packaging, or even sound and smell of a product or service. In essence, a trademark can be almost any item used to identify a particular product or service. A registered trademark grants the owner exclusive rights to the mark in the designated industry. Of course, it is necessary to thoroughly study the trademark before submission to ensure that it does not infringe on the other party.
Let us assume that you have completed due diligence, conducted a comprehensive study, and your name and logo are legally available. The next step is to apply for a federal trademark.
Now, when submitting an application, an important question is, should the name and logo be submitted together or separately?
This decision will depend on many situations, just like most things in the trademark world. We spend some time to complete several different scenarios:
1] Your comprehensive trademark study of the logo indicates that it is legally available, and trademark research on the name shows similar but not identical names in related, not identical industries. Your trademark attorney may then suggest that you submit your name and logo to ensure registration.
2] When displaying your trademark [such as ads, websites, labels or labels, etc.], the logo is always displayed as a name, but sometimes it shows a name without a logo. In this case, you might want to submit two applications at the same time - the name and logo, and the name.
3] The logo you use is the key to your brand, and the name you use fully describes your goods/services. You may only want to register your logo, or register your trademark only for your logo and add the name and logo together.
Whatever your situation, one important thing to remember is that the content you submit to the USPTO is exactly how you should use it. The USPTO hopes to see your trademark when you provide a trademark to a customer.
Orignal From: Trademark name and logo - are they still separated?
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