Business people love their company logos. Often, it is the first marketing effort made on the road to success. It’s important to understand the different scopes of trademark protection available. For instance, how is a word treated differently than an artistic design?
The Trademark Office refers to those “logos” that are made of words & a design as composite marks. When a trademark application is Made, the USPTO must read through (examine) the application. It is determining whether the proposed trademark should issue based on a myriad of factors. One common reason for denying an application is because the proposed mark is very similar to someone else’s. The USPTO does not want the registered trademark to create a “likelihood of confusion” among consumers. (15 U.S.C. §1052(d)).
In its examination, a first question of the USPTO how similar is your mark to other trademarks. When evaluating a composite mark for similarity to others, the word portion is normally given greater weight. This is because the words are likely to make a greater impression upon consumers, be remembered by them, and be used by them to refer to or request your product. (In re Aquitaine Wine USA, LLC, 126 USPQ2d 1181, 1184 (TTAB 2018). So, although the USPTO must compare marks in their entireties, the word portion is considered the dominant feature and is accorded greater weight in determining whether marks are confusingly similar, even where the word portion has been disclaimed. (Giant Food, Inc. v. Nation’s Foodservice, Inc., 710 F.2d 1565 (Fed. Cir. 1983)).
It is advisable, if you are thinking about trademarking your logo, consider separating the artistic element from the words that are in your logo as well. Similar to how the company markets this famous logo.
