Trademarks are a critical asset for any business, helping to protect brand identity and prevent unauthorized use of distinctive elements. A common question for business owners is whether they can trademark a business name and logo together, or if they must file separate applications. The answer depends on your branding strategy and how you plan to use these assets. Here’s what you need to know.
Yes, you can trademark a business name and logo in a single application if they are “locked” consistently used together in commerce. For example, if your business name always appears with your logo in marketing materials, signage, and packaging, you may file one trademark application that covers the combination as a single mark. We call this a “lock up” logo because the name and design are “locked” together.
However, this approach has limitations. By trademarking them together, you protect only the specific design or arrangement of the name and logo as they appear together. If you plan to use your business name separately from your logo, or vice versa, this protection may not be sufficient.
For greater flexibility and broader protection, many businesses choose to trademark their name and logo separately. Here’s why:
If your business name appears in plain text in some settings, such as on contracts or in URLs, a separate trademark for the name ensures it’s protected in those contexts.
Logos often change over time. If your logo evolves but your business name stays the same, having a separate trademark for the name avoids the need to reapply for protection.
Separate trademarks make it easier to take action against infringers who misuse only the name or the logo, rather than the combined mark.
Trademarking a name and logo together or separately involves filing applications with the United States Patent and Trademark Office (USPTO). Each application requires:
A trademark lawyer can guide you through this process, helping you decide on the best strategy for your business and ensuring your applications meet USPTO requirements.
Deciding whether to trademark your business name and logo together or separately is a crucial branding decision. Both approaches have pros and cons, and the right choice depends on how you plan to use these assets in your business.
At The Social Media Law Firm, we specialize in helping businesses navigate the trademark process. A knowledgeable trademark attorney from our team can assist you in protecting your brand and ensuring long-term success. Contact us today to discuss your trademark strategy and take the first step toward safeguarding your business identity. Contact us today for a free consultation.
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