If I want to trademark a phrase and an image logo that includes the same phrase; will trademarking just the image also protect the non-stylized phrase?

質問

Does it make a big difference in cost to apply for both?

回答: 2 公開 & 0 非公開

Steven weinrieb
弁理士

Whatever is in your TM application, which should reflect what you are actually using as your trademark, is what will be protected. So, if you present, as your trademark, the logo, which includes the phrase, both should be protected.

1ahb sh ws thumb  fnl pic
弁護士

I agree with Mr. Weinrib. And in reference to the question of costs, each application can contain only one mark. So you can have one application that contains both the phrase and the logo together, assuming you use the mark as such, or you can have two applications with one covering the slogan and the other covering the image (assuming the two components are separable and not intertwined). Each application usually requires a filing fee to the trademark office and if using an attorney, the attorney may require a separate fee for each application or perhaps could charge one fee for both depending upon the arrangement you work out. Consequently, you could potentially be doubling the cost when applying for both but cost should not be the main consideration. Your main consideration should be what is the most effective and necessary way to protect your particular mark for the manner in which your particular business uses the mark and where your business and the mark may be used.
The location of the business and mark usage is critical because if in the U.S., you can obtain trademark rights merely by using the mark in U.S. Commerce without any registration; but in many other countries a mark needs to be registered in order to have rights in it; and some countries may not even register or protect trademark rights in a slogan.
While you may be trying to avoid incurring the cost of hiring an attorney, you really should consult with a trademark attorney to review your particular situation because trademark law is very fact-specific and subjective and hiring an attorney could probably ultimately save you money. A trademark attorney can advise you of the most effective way to protect your mark(s) for the least amount of money.
* Please see my bio for an important disclaimer.

最近の質問

Do people really steal invention ideas?

I sometimes see questions on forums like Quora about how to stop people stealing your invention i...

4 5386 2
Is interpretation of known historical facts protectable under copyright law?

I am looking for useful sources on protecting copyright. I am in the process of writing a book ba...

3 6115 2
Fair Use and news feeds

What is the current wisdom on compiling news feeds on a third party website so far as copyright i...

1 3962 0
Looking for good patent firm

How to find a good patent firm to help me apply patent in USA

3 4320 2
What constitutes 'prior disclosure'?

This might be a silly question but I’m a bit confused by ‘prior disclosure’ as it applies to pate...

2 4823 1

発明や知的財産について質問はありますか?
既存の質問を検索するか、専門家ディレクトリで専門家に直接お問い合わせ下さい。
(このページでは、新規の公開質問は受け付けておりません。)