One of the first things to consider before filing for a trade mark is the type of trade mark you wish to register. Generally, a trade mark is in the majority of cases, in the form of one of three types: a word mark, logo mark, or a combination of both pictures and words.
A word mark gives the trade mark owner rights over the word itself. Examples of famous word marks include Google, Nike and Evian. Word marks are generally regarded as stronger than logo marks because they give the trade mark owner protection for the word itself.
A logo mark however, provides the trade mark owner rights for either an image or a combination of both images and words. Examples of famous logo marks include Coca Cola, Twitter and Pepsi. Whilst a logo mark is the advised option for those applying for a trade mark that could be considered as descriptive by an examiner, it is commonly regarded as a ‘weaker’ mark due the fact that the protection is provided for the entirety of the logo and not the words within it. Furthermore, it is recommended to ensure you finalise and are completely happy with the logo before filing as this is something that cannot be changed once your application is submitted.
If you are considering to register a trade mark, whether it be a word or logo mark, it is important to note that there is not a free reign over what can be included. Under section 4 of the Trade Mark Act 1994, there a number of signs that cannot be registered, namely, excluded emblems, flags and anything in relation to the Crown and the Royal Family. Should applications be made containing any of these things, it will be refused under the absolute grounds for refusal.
If you have any questions relating to this article or would like some assistance with your trade mark application, contact Lawdit today.