What exactly does a word/figurative mark protect?

Published on: July 31, 2020Categories: LegalKeywords: Reading time: 2 min.
Registered Trademark
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Christina Schröder writes about legal topics for the Love & Law blog at Recht 24/7.

When does a word/figurative mark make sense?

A professional corporate image ensures a high recognition value for the company and its services. Registering a meaningful word/figurative mark is a great help here. Above all, you should protect the following for your company:

  • the company logo
  • Important products
  • Important services

Hardly any company can do without trademark protection for its own company logo. Once the trademark has been registered, it is protected exclusively for the classes, goods and services for which the trademark was registered.

Why does a word/figurative mark offer advantages?

A word/figurative mark protects two components simultaneously:

  • a character string, word combination or a word/number combination
  • a graphic representation, partly also designed in color

A suitable company logo is a lettering of the company name with a memorable graphic design. The logo should be highly recognizable even from a distance. The same applies to Trademarks chosen for products or services. Compared to a word mark, which can be used more flexibly, the word/figurative mark has the advantage that a normally unprotectable sequence of signs can be protected by an individual graphic design.

What possibilities does a word/figurative mark offer linguistically?

In addition to the company or product name, a slogan can also be protected for a word/figurative mark. However, you should not use excessively long texts for claims. Two to five catchy words are usually well remembered by consumers. However, the inclusion of an advertising slogan in a trademark only makes sense if the message of the claim can be retained in the long term. Word/figurative marks whose words or word combinations are presented in another language can also be registered with the German Patent and Trade Mark Office (DPMA).

What needs to be considered graphically for a word/figurative mark?

A word/figurative mark must be sufficiently differentiated from a word mark by its graphic representation. For the visual design, the trademark can be registered in the original colors or in black and white.

If the color is an elementary component for the recognition of the company or the product, it should not be dispensed with. With a trademark application in black and white, however, you have more flexible protection if, for example, the logo should always be displayed in a different color for different product lines.

Whether a trademark designed in black and white can later be used against another trademark in color depends on the individual case. The best possible strategy can be developed individually as part of a legal consultation.

Conclusion

Registering a word/figurative mark is always a good choice when it comes to company names, products or services that require long-term protection.

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