Should Your Business Register its Word Mark, Logo, or Both?

Are you a small business owner wondering how best to protect your brand? In this guide, we’ll break down the differences between word marks, design marks, and composite marks and help you choose the right type of trademark registration for your business. From understanding the various types of trademarks to navigating the USPTO filing process, we’ll help you choose the perfect mix of registrations to secure your brand’s long-term success.

Introduction to Trademarks

Trademarks are crucial for establishing and protecting your brand’s identity. They come in three main types: word marks, design marks, and composite marks. Knowing which type to register with the United States Patent and Trademark Office (USPTO) is essential for safeguarding your brand from infringement.

The team at Harrigan IP has extensive experience in trademark law and can help you navigate the registration process with confidence.

Word Marks: The Power of Words

In the realm of trademarks, word marks reign supreme. These identifiers—consisting of words, letters, or numbers—offer powerful protection. Think of iconic names like “Google” or “Nike.” A word mark protects your brand name in any stylization, font, or color.

This broad protection is ideal for businesses building a reputation around a specific name. It’s also why word marks are often the best first step for budget-conscious businesses.

Keep in mind: word marks must be distinctive. Generic or merely descriptive names often face refusal under 15 U.S.C. § 1052(e). That’s why performing a trademark clearance search before filing is so important.

The attorneys at Harrigan IP can assess whether your brand name qualifies for protection and guide you through the registration process.

Design Marks: The Power of Visual Identity

Design marks (or logo marks) protect the look of your brand—like the Apple logo or McDonald’s golden arches. If your brand leans heavily on visual identity, a design mark may be the right choice.

But note: design marks offer narrower protection. The registration covers only the specific visual design as filed, not the name itself. If your logo contains words, those words are protected only in the way they appear—font, size, and all.

Design marks can be refused based on similarity to earlier-registered logos under 15 U.S.C. § 1052(d). That’s why working with professionals like Harrigan IP can save you from costly missteps.

Composite Marks: Combining Word and Design Elements

Composite marks combine text and design—think Starbucks’ logo or the FedEx wordmark with its hidden arrow. This type of mark protects the specific combination of elements used together.

If both your brand name and logo are central to your identity, a composite mark is worth considering. But it’s important to understand that a composite mark doesn’t give you standalone rights in the name or logo—it protects them only as used together in that specific format.

To protect the individual components, consider filing separate applications for the word mark and design mark, if budget allows.

Which Type of Mark Should You Register?

There’s no one-size-fits-all answer. The right trademark depends on your brand’s use, goals, and budget. Factors like distinctiveness, future growth plans, and legal risks all come into play.

If your budget is limited, start with a word mark. It offers the broadest protection and is more flexible for branding updates. You can always file for a design or composite mark later.

At Harrigan IP, we help businesses develop cost-effective strategies to protect their brand. Whether you’re filing a single mark or managing a trademark portfolio, we’ll walk you through the process.

The Importance of Monitoring and Enforcing Your Trademarks

Trademark registration is only the first step. Ongoing trademark monitoring ensures that no one else is using confusingly similar names or logos.

If infringement occurs, you may need to send a cease-and-desist letter or take more formal legal action. The USPTO does not enforce trademarks—you must do it yourself or with the help of experienced counsel.

Our team can help you enforce your rights through infringement actions or opposition proceedings, depending on the situation.

Conclusion

Understanding the difference between word marks, design marks, and composite marks is critical to making smart decisions about your brand. A well-chosen trademark gives your business a legal foundation for growth and protects the identity you’ve worked hard to build.

The experienced attorneys at Harrigan IP can help you assess your brand, choose the right mark, and file your application with confidence. We also offer comprehensive trademark packages to fit your needs and budget.

Ready to protect your brand?
Contact us today to schedule a consultation.
Learn more about our trademark services or register your trademark.

More articles you may find helpful:
The Importance of Choosing a Strong Trademark
Trademark Opposition Proceedings
Trademark vs Copyright