Word mark or figurative mark, which one should you register?

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Choosing a trademark is a strategic decision for any business. Once the name and the logo have been defined, the question remains what type of protection should be preferred: word mark, figurative mark or both? This choice has a direct impact on the scope of your legal protection and your ability to act against third parties. Here are the things to consider in order to make the right choice.

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Word mark: broader and more flexible protection

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One Word mark protects the name alone, without graphic elements. It offers several advantages:

• Extensive protection : a third party will not be able to use your name, even with a different logo.
• Flexibility of use : you can change your graphic charter without calling into question your protection.
• A better defense in case of litigation : if a competitor uses your trademark with a distinct visual, word marking makes it easier to act against them.

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Figurative trademark: protect a logo or a visual identity

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One figurative mark protects a logo, with or without a textual element. Its registration is relevant if:

• Your business primarily communicates through a logo rather than a name.
• You want to prevent third parties from using a graphic sign that is too close to yours.
• The logo alone allows you to identify your trademark on the market.

If the logo includes the name, we are talking about semi-figurative mark. In this case, the protection covers both the graphic element and the text, but assessing similarities with other trademarks will be more complex in the event of a conflict.

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Which trademark should you register first?

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Ideally, save both shapes guarantees complete protection. But during the launch phase, you often have to make a choice for budgetary reasons.

• Focus on the word mark if the name is the central element of your communication.
• Priority to the figurative trademark if your company focuses primarily on a recognizable logo.

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Conclusion

Defining the right filing strategy is essential for securing your trademark. A word mark provides broad and adaptable protection, while a figurative mark protects a specific logo. If your budget allows, saving both is still the best option. I can help you optimize your protection and avoid strategic mistakes.

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