Protecting the brand and establishing a strong brand presence is important to any startup. A brand is the identity of your business; it’s any physical representation of how your audience connects with your products and services. Entrepreneurs often get confused about how to protect their brands and overlook the importance of securing brand protection, that is, getting a trademark. Getting a trademark for your brand helps in maintaining your brand’s integrity intact while keeping your competitors at bay.
Popular brands have managed to trademark everything right from the colour of the packaging (Cadbury’s) to the positioning of the composite label on jeans (Levi’s). You can get a trademark for a word, logo, sound, graphic, colour combination or even smell.
Usually, though, only very successful brands trademark anything besides their brand name, logo or a composite logo design.
In this article, let’s understand the difference between Wordmark, Logo Mark and Logo Composite Mark. Also, let us understand the basic difference between logo and trademark.
This simplest of the three, the word mark refers to the brand name. So if a brand – let’s say Reliance, Hero Motors or Parle – has trademarked only the word, it is known as a wordmark. Most startups will only register their brand name within their class (a toy manufacturer would only file a trademark under Class 28). This means that even if there is already an existing business operating under the same name as the toy manufacturer but in another sector, the trademark would still be approved unless the other business can prove that his customers are confused about the ownership of the toy manufacturer’s brand. If this existing business, however, is a very large brand (for e.g., McDonald’s), there’s no chance the wordmark would be approved even if the application is restricted to an industry that McDonald’s is not into.
If you have designed a unique, attractive logo and that is how you want your customers to notice you, then you would want to file a trademark for that logo. There are many successful brands that are famous for their logos which people can instantly identify. For example, Nike, Mercedes, Apple, etc. The reason these brands have trademarked their logos is that they use them extensively on their products in marketing and advertising and all other interactions with customers. If you notice, the three brands mentioned above do not have any mentions of their brand name on the logos.
A logo composite mark incorporates the name of the brand into the logo. It is a combination of the logo and the brand name. Prominent examples are BMW and Coca-Cola. Levi’s has an elaborate logo composite mark, which includes even the position of its label at the back of its jeans.
Startups, however, tend to file a logo composite mark only when they’ve found that their brand has already been trademarked by some other entity or is too similar to a registered brand name. While the registry could certainly raise an objection, these applications often get passed on the grounds that they are being represented by a distinct mark. That said, it’s generally a bad idea to use a brand name that isn’t entirely unique, as problems could arise should your brand pose a threat to the already registered brand name.