OHIM application: figurative mark with letters?

Question

Regarding an OHIM registration, what are the advantages of registering your trademark as a "figurative mark with letters" instead of either a word mark or a figurative mark?

Answers: 2 public & 1 private

Simon photo
Business Consultant

Usually registering just a word mark is the broadest form of protection. It gives protection for those words irrespective of the stylisation or figurative elements included in the logo. Registering the mark as a figurative mark with letters or words means that you are specifically including the figurative or device elements of the logo into the protection. This is useful if the figurative elements are particularly distinctive. However, the best course of action (although a little more expensive) is to register the words separately, and the distinctive figurative elements separately.

Matthias berger   ausschnitt
Lawyer

I agree with Simon - registering the word mark first is preferable if it is distinctive, meaning that it is eligible for registration because it is not descriptive for the goods/services you intend to cover. The scope of protection of a word mark is broader as it is not resticted to a specific graphical form. If your budget allows, and your logo is particularly distinctive, you should add another application for the figurative mark as well. The latter can also be the only option you might have in case the word itself is non-distinctive and thus, cannot be registered as a word mark. More questions - just let me know!

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