Will word mark registration protect different capitalization of the name?

Photo of Tomas Orsula

Written by Tomas Orsula

Senior Trademark Attorney

As a general rule, word mark registration is not case-sensitive. When you register a brand name or product name as a word mark, you don't claim a font size or style. Similarly, capitalization is not relevant.

In case you register "ABCD food", you are protected against anyone who would use "abcd food", "AbCD food", or other variations of the same. Since all of the above marks are confusingly similar, they would infringe on your trademark.

In conclusion, you would have legal grounds to stop a third party from using your brand name, even if they use different capitalization. Should such a third party apply for trademark registration, you can file an opposition based on the confusing similarity.

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