Logo or Name? Which Should You Trademark First?

When it comes to protecting your brand, trademarking is a crucial step. It ensures that your brand is protected from any potential infringement, and gives you the legal right to use your brand name or logo in commerce. However, if you are just starting with your business, you may be wondering whether you should trademark your logo or name first. In this blog post, we will explore both options and help you make an informed decision.

Trademarking Your Name

Your brand name is the first thing people associate with your business. It’s the name that appears on your products or services, and it’s how people refer to your business. Trademarking your name can protect your brand from any potential infringement, and it also gives you the legal right to use your name in commerce.

One of the advantages of trademarking your name is that it’s a simpler process than trademarking a logo. Trademarking a name involves a straightforward process of conducting a trademark search, filing an application with the United States Patent and Trademark Office (USPTO), and waiting for approval. Once your trademark is approved, you have the legal right to use your name in commerce, and it is protected from any potential infringement.

However, one potential disadvantage of trademarking your name is that it may be more difficult to enforce your trademark if someone infringes on it. If someone uses a similar name, it may be difficult to prove that they are infringing on your trademark. Additionally, if you only trademark your name and not your logo, you may not be able to prevent others from using a similar logo which could confuse customers.

Trademarking Your Logo

Your logo is the visual representation of your brand. It’s the image that customers associate with your business, and it’s often the first thing that comes to mind when they think of your brand. Trademarking your logo can protect your brand from any potential infringement, and it also gives you the legal right to use your logo in commerce.

One of the advantages of trademarking your logo is that it provides more protection than trademarking your name. Trademarking your logo gives you the legal right to prevent others from using a similar logo which could confuse customers, even if they are not using the same name. This is because trademarks are based on the visual appearance of the logo, not just the name.

However, one potential disadvantage of trademarking your logo is that it can be a more complex process than trademarking a name. Trademarking a logo involves a more extensive search process to ensure that your logo is not similar to any existing trademarks. Additionally, the application process can be more involved, and you may need to provide a detailed description of your logo and how it is used in commerce.

Which Should You Trademark First?

The decision to trademark your name or logo first depends on several factors, including the importance of each to your brand and the level of protection you require. In general, if your logo is more important to your brand than your name, you may want to consider trademarking your logo first. On the other hand, if your name is more important to your brand than your logo, you may want to consider trademarking your name first.

If your brand is relatively new and you have limited resources, you may want to consider trademarking your name first. This will provide you with some level of protection while you build your brand. Once you have established your brand, you can then consider trademarking your logo.

If your brand is already established, and you have a significant investment in your logo, you may want to consider trademarking your logo first. This will provide you with more protection and prevent others from using a similar logo that could confuse customers.

Conclusion

Trademarking your name or logo is an important step in protecting your brand. The decision to trademark your name or logo depends on several factors, including the importance of each to your brand, the level of protection you require, and your available resources. Ultimately, it's important to weigh the pros and cons of each option and make an informed decision that best suits your business. Regardless of which option you choose, trademarking your brand is a crucial step in protecting your intellectual property and ensuring the long-term success of your business.