Every brand has a name and most have a logo, and the trademark form asks you to file one mark per application. The choice affects what you can stop a competitor doing, whether the application survives examination, and what happens when the logo is redesigned in three years. This guide compares the three kinds of mark and gives the filing order we recommend for most businesses.
The three kinds of mark
| Wordmark | Logo (device mark) | Composite mark | |
|---|---|---|---|
| What is filed | The name as plain text | An image without words, or a stylised symbol | A logo that contains the name |
| What is protected | The word, in any font, size, colour or layout | That visual design | The combination as a whole |
| Stops a competitor using the same name in a different design? | Yes | No | Weakly, if the name dominates the mark |
| Stops a competitor copying the design with a different name? | No | Yes | Yes, for the design element |
| Survives a logo redesign? | Yes | No | No |
| Helps a descriptive name pass examination? | No | Not applicable | Often, with a disclaimer of the word |
| Vienna coding delay at filing | None | A few weeks | A few weeks |
Why the wordmark usually comes first
Customers ask for a brand by name. They search for it by name, they recommend it by name, and a competitor who wants to trade on your reputation copies the name, not the logo. A wordmark registration covers the name in every form: on a sign, in an app, in a hashtag, spoken on the radio. It also outlives every rebrand of the visual identity. If a business files one trademark, this is the one.
When the logo matters
- The logo is recognised on its own. A symbol that identifies you without the name, on packaging or an app icon, is worth protecting as a device mark.
- The name is descriptive. "Fresh Bakes" for a bakery will be objected to under Section 9 as a wordmark. Filed as a composite mark with a distinctive design, it usually registers, with the Registry recording a disclaimer that you claim no exclusive right to the words "Fresh Bakes" apart from the mark. You get the design; you do not get the words. The objection guide explains the test.
- Copying is visual. In some trades, counterfeiters copy the look, not the name. A device registration is what stops that.
The composite-mark trap
Many applicants file only the composite mark, the logo with the name inside it, because it is the thing on their letterhead. It feels like the whole brand in one application. The problem appears later: a competitor adopts the same name in a plain font, and the composite registration protects the combination, not the name. The infringement argument becomes "is the name the dominant part of our logo?", which is winnable but avoidable. File the wordmark; add the composite if the design is worth protecting.
Colour or black and white
Section 10 of the Trade Marks Act provides that a mark registered without limitation of colour is deemed registered for all colours. A logo filed in black and white is therefore protected in every colour scheme, including ones you adopt later. A logo filed in colour is limited to that colour. File in black and white unless the colour is the brand, as with a specific shade a customer would recognise before reading the name; in that case a separate colour registration may be worth having in addition.
Stylised words and taglines
A name in a particular typeface, with no other device, is treated as a stylised wordmark. It protects the word and the styling; it is weaker than a plain wordmark against a competitor using the word in a different font, and stronger against one copying the lettering. It is rarely the right first filing. Taglines and slogans are separate marks and need separate applications; distinctive ones register, descriptive ones do not.
The filing order we recommend
- Wordmark, now, in the core class and any companion class you trade in. If the name is distinctive, this is the mark that matters and it should be filed today.
- Device mark for the logo, when the design has settled, in black and white. Filing before a redesign wastes the fee.
- Composite mark, if the name is descriptive and the wordmark would fail, or if the combined look is itself well known. In that case the composite goes first, because it is the only one that will register.
- Colour version or tagline, later, once the brand is established and the budget allows.
Each application is its own government fee per class. For a distinctive name in one class, the wordmark alone is a complete first step. The fees guide has the numbers; a free search shows whether the name is distinctive enough to stand on its own.
Frequently asked questions
What is the difference between a wordmark and a logo trademark?
A wordmark registers the name as plain text, protecting the word itself however it is written. A logo, called a device mark, registers a specific image or stylised design. A composite mark registers a logo that includes the name, protecting the combination as a whole.
If I register my logo, is the brand name inside it protected?
Only as part of that logo. A competitor using the same name in a different design is harder to stop with a logo registration alone. That is why the wordmark is usually filed first.
Should I register my logo in colour or black and white?
Black and white, unless the colour is itself the brand. Under Section 10 of the Act a mark registered without a colour limitation is deemed registered for all colours. A colour registration is limited to that colour.
Can I register both the wordmark and the logo in one application?
No. They are separate marks and need separate applications, each with its own government fee per class. A multi-class application covers several classes for one mark, not several marks.
I redesigned my logo. Is my old registration still valid?
It remains valid for the old design, and if the change is minor it may still cover use of the new one. A substantial redesign needs a new application. A wordmark registration is unaffected by logo changes, which is another reason to hold one.
My brand name is descriptive. Can a logo get it registered?
Often, yes. A distinctive design can carry a descriptive name through examination as a composite mark, usually with a disclaimer of exclusive rights in the word. You get protection for the design, not the word alone.
Does a slogan or tagline need a separate registration?
Yes, if you want it protected. A tagline is a separate mark. Descriptive taglines are refused; distinctive ones register like any wordmark.
Information only. This guide explains a legal process in general terms; it is not legal advice and not a solicitation. Wording of statuses is as shown on IP India's public portal at the date above and may change.