Should I register a logo as a trademark?

The quick answer is, “Yes, you probably can - and you probably should!”Ideally, you should trademark both your word mark(s) together with any logos/images (device marks) that you use as part of your brand assets, to ensure that you have maximum trademark protections.

For example, Jaguar Land Rover Ltd. will have taken steps to protect:

A word mark provides protection for the words no matter what font, size, style or colour you use, but your logo is also a valuable brand asset by which your customers will recognise your products or services.

Registering your logo as a trademark sends a message to the world that you take your brand seriously and value the logo as a business asset worth protecting.

As these circles below should illustrate, a logo can become a widely recognised symbol of your brand. 

Consumers will often come to identify the business with its logo and the attributes of the company that the logo represents, such as quality, luxury, reliability, affordability etc. 

Why should you register a trademark logo? 

As with any trademark, registering your logo ensures that you have trademark protection. It proves that you (or your business) own the trademark and it gives you grounds to block competitors from using identical or confusingly similar trademarks. You can enjoy the exclusive brand protection that it allows.

Here is an example that highlights the importance of trademark protection for a logo: When the American music streaming app, Pandora, used a blue shaded P as their logo, PayPal, who already had a registered trademark for their blue shaded P’s won a case against them as the two marks were confusingly similar, especially when the two logos appeared together in a menu of app icons on a phone screen. Subsequently, Pandora introduced shades of purple, pink, blue and red to further distinguish its “P” logo.

You never know when another business might imitate your logo, either deliberately or inadvertently, and this could negatively affect your brand. Having a registered trademark for a logo enables you to defend your brand more easily. 

A registered trademark logo can offer brand protection when words can’t

Many businesses choose to use descriptive or generic words as brands. Descriptive and non-distinctive marks are generally not registrable as trademarks because other traders should not be blocked from using them.

In these circumstances, registering a logo version of your brand can be a useful way to obtain some trademark protection.

For example, World Courier has registered a trademark for their combined mark (below) but would probably have struggled to register the words WORLD COURIER as a trademark because these words are considered descriptive in their industry, where they offer global transport and delivery services.

While this trademark registration does not provide the same level of protection for the words “WORLD COURIER” as a word mark would, it does protect the overall look and feel of the mark and would be likely to block any later applications which include the words WORLD COURIER and cover similar goods and services.  The registration could also potentially act as a ‘scarecrow’ and warn competitors that this name is already in use and discourage them from using it.

When is a logo not registrable?

As with all trademarks, if your logo is identical to or confusingly similar to an existing trademark, it would be likely to receive an objection from the Trademark office or an opposition by a third party.

Here is an explanation of eight types of trademarks that are not registrable. The trademarks which are rejected most frequently are those which are descriptive, non-distinctive, laudatory, offensive, confusing, conflicting or similar to pre-existing marks.

The strongest trademarks are those which are distinctive or fanciful and include words and images or a combination of these, which are unique. Because of their visual elements, trademark applications for logos generally have a higher level of distinctiveness and thus a better chance of achieving trademark protection than word marks.

Show the world you have trademark protection for your registered logo

Once your logo has been registered as a trademark, you can use the registered trademark symbol ® to show that you have brand protection. It stands as a warning to competitors not to imitate your logo and indicates that you take your trademark rights seriously.