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

Choosing a trademark is a strategic decision for any business. Once the name and logo have been defined, the question remains: what type of protection should you prioritise — a word mark, a figurative mark, or both? This choice directly affects the scope of your legal protection and your ability to take action against third parties.

Word mark: broader and more flexible protection

A word mark protects the name alone, without any graphic element. It offers broad protection (a third party cannot use your name, even with a different logo), flexibility of use (you can change your visual identity without affecting your protection), and stronger grounds for action in the event of a dispute (if a competitor uses your mark with a different visual, a word mark makes it easier to take action).

Figurative mark: protecting a logo or visual identity

A figurative mark protects a logo, with or without a textual element. Registration is appropriate if your business primarily communicates through a logo, if you wish to prevent third parties from using a confusingly similar graphic sign, or if the logo alone identifies your brand on the market. Where the logo includes the name, it is referred to as a semi-figurative mark: protection covers both the graphic element and the text.

Which mark should you register first?

Ideally, registering both forms ensures comprehensive protection. But during a launch phase, budget constraints often require a choice. Prioritise the word mark if the name is the central element of your communication. Prioritise the figurative mark if your business relies primarily on a recognisable logo. See the trademark filing guide and the intellectual property services page.

Conclusion

Defining the right filing strategy is essential for securing your trademark. If your budget permits, registering both remains the best option. If you need to optimise your protection, book a call.

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