Logo or Brand Name? Which Should You Trademark First?
By: Atty. Soroya Garner
When it comes to protecting your brand, one of the most important decisions you'll make is whether to trademark your logo or name first. Both are important elements of your brand identity, but each provides a different level of protection and has unique requirements. In this blog post, we'll explore the pros and cons of each option to help you make the best decision for your business.
Trademarking Your Logo
A trademark for your logo gives you exclusive rights to use the design and graphical elements of your logo to identify your goods and services. This means that no one else can use a similar logo to sell the same or similar products or services as yours. When you trademark your logo, you are also protecting the visual identity of your brand, which is a crucial element of your marketing and branding efforts. One of the main benefits of trademarking your logo is that it makes it easier to enforce your rights if someone tries to use a similar design to confuse consumers. A trademarked logo also gives you the right to use the ® symbol, which signals to others that your logo is protected by law and cannot be used without permission.
Trademarking Your Name
A trademark for your brand name gives you exclusive rights to use the name to identify your goods and services. This means that no one else can use the same or similar name to sell the same or similar products or services as yours. One of the main benefits of trademarking your name is that it gives you broader protection for your brand. If someone tries to use a similar name for a different product or service, you can enforce your rights and stop them from using it.
Which Should You Trademark First?
The decision to trademark your logo or name first depends on the specific needs of your business. If you have a strong visual identity and want to protect the unique design elements of your logo, it may be best to trademark your logo first. On the other hand, if you want broader protection for your brand it's best to trademark your name first.
In most cases, you'll want to trademark both your logo and name. This gives you comprehensive protection for your brand and helps to ensure that your visual identity and brand name are protected against infringement.
Conclusion
When it comes to trademarking your brand, the decision to trademark your logo or name first is a critical one. If you must prioritize between your logo or brand name, generally, it's best to start with your name. However, consider the specific needs of your business and your long-term goals to determine which option is best for you. With the right trademark strategy in place, you can protect your brand and secure your place in the market for years to come.