If I register a figurative trademark, will the wording be registered as well?

Photo of Igor Demcak

Written by Igor Demcak

Founder & Trademark Attorney

When you register a figurative trademark, the protection typically extends to the specific visual representation or design elements of the mark. While the wording may be included within the figurative trademark, the protection of the mark primarily relates to its visual representation rather than the standalone wording.

If the wording is an integral and distinctive part of the figurative mark, it may receive some level of protection within the registered mark. However, it is important to note that the protection of the wording within the figurative mark is limited to its use in that specific visual context.

To ensure comprehensive protection for the wording itself, it is advisable to separately register it as a word mark or combination mark. Registering the wording as a standalone mark establishes exclusive rights to use that specific wording or combination of words, independent of any particular visual representation. By registering the wording separately, you can enforce your rights against others who use a confusingly similar wording, even if they use a different figurative mark or visual representation.

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