At the time of trademark registration, all applicants ask themselves the same question: do I register my logo, in what form, with or without my trademark name?
This is a question to which the INPI does not give a clear answer. As a result, we see a lot of registrations where the owner thought it was better to register the logo rather than the name alone, or that he could protect his trademark in various alternative forms, with a single registration. We then end up with a trademark whose image includes the trademark in verbal form, then underneath with a .com for use on the Internet, then underneath again a logo, etc. In short, we might as well say that it's a total disaster in terms of protection. Example of a recently registered trademark in France :
Explanations: The trademark must be used as filed. Therefore, if you put several alternatives in the same application, you are supposed to use them all together. You cannot "cheat" by putting your trademark in several forms in the hope of protecting them separately. If you want to protect two different logos, or two different forms of trademarks, you file two separate trademarks. Moreover, it is all the more useless to include domain names in your trademark, because they are protected separately.
The rule that a trademark must be used as filed creates an impotent limit for logos. Indeed, if one registers a logo as a trademark, in order to keep the full trademark protection on this logo, one must not modify its appearance, and this throughout the life of the trademark (which, it should be remembered, can last ad vitam aeternam on condition that it is renewed every 10 years). However, it is frequent that after a few years one modifies or completely changes one's logo to give a new lease of life to one's image. The protection of the brand, depending on the modifications made, can be severely altered.
Tip: Consequently, it is preferable, if the trademark is distinctive, to file the word mark, i.e. the name alone without graphic elements, as a priority. Another trademark with the logo can be filed alongside it. Note, however, that the latter can benefit from another protection, free of charge, under copyright, provided that it is original.
For more information on the different forms of trademarks that can be registered, consult our practical sheet on this subject.