Register word and figurative mark

Because you want to protect your product, service or company by registering a trademark. However, with a word / figurative mark you get the disadvantages of both the word mark and the figurative mark. A word / figurative mark is often filed if the mere word is not protectable because of its product-describing content or custom. Thus, the applicant gets his mark (trademark) mostly registered, as a brand must be able to protect only in its entirety. It should be understood, however, that the registration of such a mark does not say anything about the protectability of the verbal element and that it can not effectively prevent another person from using the identical word on its own or in any other form.

Because you want to protect your product, service or company by registering a trademark. However, with a word / figurative mark you get the disadvantages of both the word mark and the figurative mark. A word / figurative mark is often filed if the mere word is not protectable because of its product-describing content or custom. Thus, the applicant gets his mark (trademark) mostly registered, as a brand must be able to protect only in its entirety. It should be understood, however, that the registration of such a mark does not say anything about the protectability of the verbal element and that it can not effectively prevent another person from using the identical word on its own or in any other form.

If the intended wordmark were not protectable on its own, then you should not provide it with a graphic element just to reach the threshold of protectability. With this procedure, you get the word mark registered - but this is not worth much, because it can not effectively prevent competitors from using the actual word. Also, this falls within the scope of a company sale or product sales every savvy trademark lawyer immediately.

If the desired mark refers to the wording of the service, product or company, the word mark is in any event the means of choice.

A word mark is, according to the specifications of the German Patent and Trade Mark Office (DPMA), a mark, exclusively of characters, which can be represented in the document used by the DPMA and which claims no special spatial arrangement of these signs.

If the intended mark contains other signs and / or claims a special arrangement of the signs, it can not be protected as a word but only as a word / figurative mark. However, we have already stated above.

Picture marks consist exclusively of pictures, picture elements or pictures without letters or other signs which would be permissible for word marks. At the same time, this brand form represents the oldest type of trademark. A figurative mark is particularly suitable for marking aesthetically oriented products, services or companies.

It all depends on what you want to achieve with your brand. For example, if you are talking about the word that represents your product, service, or business, the word mark would be the right brand for you. If you add a graphic element to this word, then in most cases you should not shy away from double trademark applications. Rather, they should invest the money to register both a word mark and a figurative mark and not leave it with the registration of a word / figurative mark. So you are much more flexible in a brand abuse and can also much easier with (for example) a change in the brand logo (graphic element) deal.

If you have questions about trademark law, ours Attorney Stephen Hendel gladly available.