Do you always have to put your logo down?

Many of you want to register your brand with its logo. What could be more normal? You've come up with a name you like, and you've made (or had made) a superb logo to go with it. So why not register it all at once? Find the 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 our guide's article on the subject.

The semi-figurative brand includes the brand name and graphic elements, such as drawings, colors, 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 file the name and design of a trademark in one go. This saves on filing fees, since you 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's best to opt for the semi-figurative trademark. Thanks to its graphic elements, the trademark will be registered by the INPI.

However, there is a major drawback to this registration: you will always have to use the trademark in the form in which it was registered, or in a slightly modified form. In the event of a major logo change, you could lose your trademark protection. You will then have to register a new one, losing the prior rights attached to the first. However, when it comes to trademarks, prior rights are very important.

Since the logo is the element most likely to be modified during the life of a trademark, we recommend that you register a word trademark first, if possible.

Separate protection of the logo: registering a word and a figurative trademark

To get around the disadvantage of filing in semi-figurative form, you can opt for two separate filings. By registering a word mark and a figurative mark, you ensure protection for all the elements making up the mark, whether used together or separately.

This is the most comprehensive protection available. If your logo changes in the future, the name will remain protected. You are then free to decide whether to register the new logo.

The consequence of this choice is to double your filing fees. INPI only accepts one "sign" per application. So if you opt for a word trademark, you can't add a logo as an accessory. You need to file a second application, 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 trademark. If your logo changes significantly in the future, you will need to register a new trademark if you wish to protect it.

Logo and copyright

As a graphic creation, a logo is likely to 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 from the mere fact of creation, it is difficult to enforce it against third parties without a document attesting to a definite date of creation. There are a number of ways to establish a date certain: registered mail sent to yourself (without opening it!), the e-Soleau envelope from the INPI, or thetimestamp certified by bailiff.

Copyright protection is less expensive than trademark registration, and saves on the cost of a second registration. It is more suitable for logos that are likely to change regularly.

Finally, we would like to draw your attention to the fact that a logo that is not original (e.g. a green square) will not qualify for copyright protection. A trademark registration is therefore more appropriate for this type of logo, provided the registration is of genuine interest to you. For more information, please consult our article " why register my trademark?".