Many of you want to register your trademark with its logo. What could be more normal? You have found a name you like, and you have made (or had made) a superb logo to go with it. So why not register it all at once? Answers here.
Registering a logo: advantages and disadvantages of registering a semi-figurative trademark
There are several forms of trademarks that can be registered. Among them, the most common are word marks, semi-figurative marks and figurative marks. You can consult the article in our guide on this subject.
The semi-figurative brand includes the brand name and graphic elements, such as design, colours, special calligraphy... This is more commonly known as the logo.
Here are some examples of semi-figurative marks:
The main advantage is that you can register the name and the graphic aspect of a trademark in one go. This saves on the filing fee, since you will only have to file one trademark instead of two.
On the other hand, when the trademark name is too descriptive to be registered (cf. our article on trademark descriptiveness), it is preferable to opt for the semi-figurative mark. Indeed, thanks to the graphic elements that make it up, the trademark will be registered by the INPI.
However, there is a major disadvantage to this filing: you will always have to use the trademark in the form in which it was filed, or in a slightly modified form. Thus, in the event of a major change of logo, you could lose the protection of your trademark. You will then have to file a new one, losing the anteriority of the rights attached to the first one. However, in trademark matters, having prior rights is a very important thing.
Since the logo is the element most likely to be modified during the life of a trademark, we recommend, if possible, that you file a word mark as a priority.
Separate protection of the logo: registering a word and a figurative trademark
To get around the disadvantage of depositing in semi-figurative form, you can opt for two separate deposits. By registering a word and a figurative trademark, you ensure protection for all the elements that make up the trademark, whether used together or separately.
This is the most comprehensive protection. If your logo changes in the future, the name will remain protected. You will then be free to decide whether you wish to register the new logo.
The consequence of this choice is to double your deposit fees. Indeed, the INPI accepts only one "sign" per filing. Therefore, if you opt for a word mark, you cannot add a logo to it as an accessory. A second application must be filed, this time choosing the figurative form. You can then upload a good quality image file containing your logo.
It is important to note that it is not possible to modify a logo within a registered and/or trademark. If your logo changes significantly in the future, you will need to register a new trademark if you wish to protect it.
The logo and copyright
As the logo is a graphic creation, it may be protected by copyright. Indeed, if it is original, it benefits from this intellectual property right.
It should be noted, however, that since copyright arises by the mere fact of creation, it is difficult to enforce it against third parties without a document attesting to a certain date of creation. There are different ways to take a certain date: the registered letter sent to yourself (without opening it!), the INPI e-Soleau envelope, or even thetimestamp certified by bailiff.
Copyright protection is cheaper than a trademark application and thus saves the cost of a second application. It is more suitable for logos that are likely to change regularly.
Finally, we draw your attention to the fact that a logo that is not original (for example a green square) will not be able to benefit from copyright protection. A trademark application is therefore more appropriate for this type of logo, if the application is of real interest to you. For this reason, you can consult our article " why register my trademark?".