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[katea]

I would like to register my business name which includes a word and the picture of smth on top of that (logo type). Should I file two separate applications: one for the word and one for the logo or only one that includes the stylized version. I am planning to use the logo and mark together all the time. Which one would give me more protection? Any advice greatly appreciated!

[Yak]

Most protection would be to file both, if money permits.  If money is an issue, at least file the non-stylized word mark as a start.

[katea]

Thank you YAk.

My question is whether I can file only one application for both: the wordmark and the logo above the mark...Is this possible?

[Yak]

Oh, you will need to file one application per.  One for the word mark making no claim to any stylized features and one with the stylized logo-esque features. 

[JSonnabend]

I think YAK has missed the thrust of the question.  If you use the elements in the manner you describe (i.e., with the wordmark and the logo above it), then you may seek to register that combination in a single application.  Bear in mind that the registration would be for the combination, not for the elements of the combination per se.

By way of example, see this registration.

- Jeff

[Yak]

I must have misunderstood, when he asked which would offer more protection followed by whether he can file only one application for both: the wordmark and the logo.

It was my understanding that the logo would not necessarily cover the word and having a word mark offers the broadest scope of protection, as this is how the mark would be identified through speech and text as the source identifier. 

Having the logo would also be necessary if the logo will be used on or with the goods/services. 

Although, I suppose there may be an issue with trying to register the name alone if it is never used in that manner?

[JSonnabend]

That's a tricky point, one which leads to extended conversations with my clients.  In a nutshell, when budget is tight to the point of supporting only one registration, I analyze the client's use of the composite to assess the value of the composite vs. the wordmark alone.  As part of that analysis, I look at how prominent the wordmark is in the composite.  Ultimately, there is no easy answer (other than find the money to register both forms).

- Jeff

[Kaitlin]

Thanks for sharing the counseling analysis process, Jeff.  How this plays out in practical consequences has been something of a mystery to me, too.  Any chance of elaborating on other sorts of factors to consider in assessing the composite value besides the relative prominence of the wordmark?  Is there more of an advantage in registering the wordmark alone if it is a relatively weak vs. strong wordmark, e.g.?  Appreciate your insights.

[katea]

Thank you Jeff. That's exactly what I was looking for. Is there any way on how to check the application for your example? I am not able to retrieve it. Thank you! Kate

I think YAK has missed the thrust of the question.  If you use the elements in the manner you describe (i.e., with the wordmark and the logo above it), then you may seek to register that combination in a single application.  Bear in mind that the registration would be for the combination, not for the elements of the combination per se.

By way of example, see this registration.

- Jeff

[JSonnabend]

Why do you want to see the application?  The point was simply to show a relevant composite with a strong wordmark component.

- Jeff

[katea]

Actually my mark has a design el that's more attached to the wordmark (not like nike swoosh) but I see your point...

Why do you want to see the application?  The point was simply to show a relevant composite with a strong wordmark component.

- Jeff