Trademarking Words in a Fancy Font?

What if you came up with a cool font for your name or tagline? How should you trademark it?

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TRANSCRIPT

If you have a brand that a name or a phrase written in a fancy font, how should you go about trademarking that?

Should you file it as a word mark? Should you file it as a design mark? Maybe you should do both?

So the benefit of filing your trademark application as a word mark is that it allows you to protect that word or that phrase regardless of how it’s designed. It can be any color, any font, any placement, whether you have certain words at the top, certain words at the bottom, or they’re all horizontal—it does not matter. The word mark protects the literal element, the words themselves.

The design mark protects the design, the font. It does indirectly protect the words that are used in that brand. However, the more original the design of the letters and the words, the more important is to protect the design as well. And here is why.

Think of Coca-Cola’s script. If somebody came up with completely different name but wrote it in Coca-Cola’s script, it would still be confusingly similar, people would still think that the product comes from them, especially if it’s in the same industry. So that’s why the more original the script, the more important it is to protect the design part.

And if both the name and the design are really original—and again, Coca-Cola is a good example of it—you want to file this as two separate trademarks: one would be the word mark, one would be the design mark.

So the bottom line is, you look at what is the thing that you want to make sure that you own and can stop your competition from using to confuse your potential market to buy from them as opposed to from you.

If it‘s just a word and you have a relatively standard font, don’t necessarily bother with protecting the logo. If you have a super interesting writing, and the words themselves are not as original, you may get away with just a logo.

But usually if your script is more than just a standard font that you can find on your computer, and your name is relatively distinctive, so people can remember, you want to file it as two separate trademarks. One will be just the words and the other will be just the design.


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Disclaimer: Please note that this post and this video are not and are not intended as legal advice. Your situation may be different from the facts assumed in this post or video. Your reading this post or watching this video does not create a lawyer-client relationship between you and Trademark Factory International Inc., and you should not rely on this post or this video as the only source of information to make important decisions about your intellectual property.

See our answers to other frequently asked questions about trademarks or leave your comments below!


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