Does the choice of font impact the registration of a word mark?

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Written by Jan Buza

Co-founder of Trama

No, if you want to protect the name of your brand with a word mark, the choice of font won't impact your chances of successful registration. A word mark protects only the text itself and doesn't include any stylisation, such as fonts, colours, spacing or decorative elements. Therefore, if your word mark is dismissed for lack of distinctiveness, you can't save it by applying a (different) font to it.

A brand name written in a specific font can still be submitted as a figurative mark, not a word mark. The difference is in the scope of protection - a figurative mark would first and foremost protect the stylisation rather than the text. In some cases, the protection can extend to the text, but that once again depends on the distinctiveness of the text itself, so this might not help you protect your brand name sufficiently. Figurative trademarks also have to be used exactly as registered, so if you were to change the font later, you would lose the protection.

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