word mark/character mark or figurative mark?

Question

In Trademark registration, is it always best to register a Word Mark, or does a Figurative Mark have advanteges? What about a compination of the two?

I read about the different types on the OHIM website, but I am not sure what the differences are.

Answers: 2 public & 0 private

Shawn kolitch
Patent Attorney

Each type of registration has its advantages. Registration of a word mark can be enforced against users of the same or a confusingly similar word for the same or closely related goods, typically regardless of how the word is stylized in the accused mark. This type of registration therefore protects the word broadly, but is also more susceptible to a validity challenge. Registration of a stylized word mark provides narrower protection, but is correspondingly more robust against challenges. Also, depending on the degree of stylization, a stylized registration may provide some protection against different words used with the registered style, whereas the text registration might not. Finally, some figurative marks are primarily recognizable for their non-text elements, in which case it wouldn't make sense to register just the word. For all of these reasons, it's generally a good idea to build a portfolio of trademark registrations that offer overlapping protection, probably starting with the word mark.

Ruslan karadzhov
Trademark Agent

Check out the cartoon we created that addresses precisely this topic at http://trademarkfactory.ca/cartoon/combined_trademarks_file_separately_or_together

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