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[Courtney Larson]

I recently invented and developed a niche product and am looking to tradmark the prodcut name and possibly the logo (the name of my LLC is synonymous with the product name). Since my logo incorporates the product/company name (i.e. it is written underneath) I am debating whether to apply for a stylized vs. standard trademark.

If I were to obtain a stylized trademark with the product name written underneath the logo, does this protect the product name when used alone?

Secondly, when using the product name alone without the logo (for example, in text) would I be permitted to use the "R" symbol?  

Alternatively, if I were to obtain a standard trademark for my product name would I be able to use the "R" symbol when incorporating it with the logo?


I would appreciate any advice or recommendations.

Thanks!

[torgo]

Am I allowed to give the usual attorney answer?

"It depends."

Of course, the strongest amount of protection that you can give to your own mark would be to register a plain text mark and the logo that you designed.

-Anthony

[JSonnabend]

Anthony, welcome to the forum, and welcome to the profession.  It's nice to have a newly admitted member of the bar here.  As far as your "attorney answer", I'd like to hear why or on what "it depends", rather than hear  simply that "it depends".

Regarding the original question(s), the safest approach to registering your marks is to register both the plain text as well as any stylized form you use in commerce.  That said, a single composite registration is often sufficient in practical terms, particularly when the dominant portion of the composite mark is the word or words of the mark.  

You cannot use the circle-R except in connection with registered marks, although gray areas might be said to exist when dealing with stylized/composite/word mark uses and registrations.

- Jeff

[torgo]

Thanks, Jeff.

What you said is correct - that registering the stylized logo might be enough, especially if the registrant only uses the stylized logo on the products.  

I do prefer to see clients register the text, also.

This does depend upon cost, what the client can afford and use of the mark, also.  (It is a balance between being ideal and practical.)

-Anthony

[Isaac]

Some things that might affect the decision.

In some cases the text alone does not have "distinguishing power" for example the text may be descriptive and not yet having secondary meaning, while the text+logo is already distinctive and usable as a mark.   In that case the logo could be registered on the primary register while the text would not yet be eligible.

The art part of a logo may change over time and the benefits of federal registration might be lost unless the changed logo is registered.   OTOH, if the text is registered, then the benefits would not be lost.

Even if registerable, the text might be a weak mark because of the presence of other somewhat similar marks while the logo might be a stronger mark.   If a competitor needs to mimic the stronger mark in order to cause you problems, then a registration on the text part alone might not get you where you need to be.

Generally speaking registering both is the best course, but without knowing the marks and the involved services/goods, the question of whether such a thing is possible and the consequences of taking a cheaper approach probably cannot be answered.

I'm certainly glad to see a new participant to the forum.  If you are also a new attorney, Anthony, welcome to the profession as well.

Nothing wrong with an "it depends" answer.   I like that far better than an authoritative sounding but wrong answer, and I've done the latter on occasion.

[Courtney]

Thank you both for your comments; they were very helpful.

-Courtney

[torgo]

Thanks, Isaac.  I'm actually not new to IP or , just new to the board (and knowing how much to say on here).  

My own practice is new, however.  

Thank you for the warm wishes!

-Anthony