Can a figurative trademark include text?

Photo of Tomas Orsula

Written by Tomas Orsula

Senior Trademark Attorney

Yes, a figurative trademark is free to contain a textual element. It can consist entirely of a visual element, entirely of stylized text, or a combination of both. There is no requirement for it to be text-free.

If text is included, it’s typically protected as a constituent of the overall visual impression, and if the text element is sufficiently distinctive on its own, it may also implicitly protect the brand name. However, you should keep in mind that a logo registration does not equal a full wordmark registration and vice versa. For independent text protection, you should always consider a standalone wordmark.

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