Most new businesses have two things they think of as “the brand”: a name, and a logo built around that name. Both can be registered as trademarks, but they are registered as different marks, and they protect different things. Which one to file first, and whether you need both, depends on what a competitor is most likely to copy and how settled your logo is.
The short version: for most businesses, the name filed as a wordmark is the first and most valuable registration. A logo registration is worth adding once the design is final. If you want the application handled from search to filing, our trademark registration service prepares and files it for you.
The three kinds of application
| Type | What you file | What it protects |
|---|---|---|
| Wordmark | The name, in plain text | The word itself, in any font, colour or style |
| Device (logo) mark | The logo or symbol as an image, with or without text | The mark as it looks, that is, the overall visual impression |
| Composite mark | The name and logo together, as one image | The combination as shown |
The Trade Marks Act, 1999 defines a “mark” widely: a word, name, letter, numeral, device, label, signature, shape, packaging or combination of colours can all qualify. In the application you choose how the mark is represented, and that choice fixes what the registration covers.
Why the wordmark usually comes first
- It survives a redesign. Logos change. Names rarely do. A wordmark protects the name whatever logo you use with it in future.
- It covers the way people actually copy you. A competitor is far more likely to use a similar name, or the same name in a different font, than to reproduce your exact artwork.
- It is the strongest basis for objecting to look-alike names, including in domain names, marketplace listings and social handles.
The catch is that a wordmark only registers if the word can function as a trademark. Names that describe the product (“Fresh Juice” for juice), common surnames on their own, or words already registered by someone else for similar goods face objections. If the name is weak on its own, a device or composite mark may register more easily because the design adds distinctiveness. But that registration then protects mainly the design, not the word.
When the logo deserves its own registration
File for the logo as a device mark when:
- the logo is final and you will use it for years;
- the logo has a distinctive symbol that customers recognise on its own, without the name;
- you sell physical goods where packaging and labels carry the brand;
- the name by itself faced, or is likely to face, an objection, and the logo is the part that is distinctive.
Each mark is a separate application with its own fee, in each class you need. A business filing its name and logo in two classes is making four applications. Budget for that before deciding to file everything at once.
Composite marks: convenient, but narrower
Filing the name and logo together as one image is common because it is a single application. The drawback is that the registration covers the combination as shown. If someone uses your name with a different logo, or your logo with a different name, a composite registration gives you a weaker position than a separate wordmark or device mark would.
A composite mark is reasonable when budget allows only one filing and the name alone is unlikely to register. Otherwise, the wordmark is usually the better single filing.
What a logo redesign means
A registered mark can be altered only in ways that do not substantially affect its identity. A small refresh, such as a cleaner line weight, may be acceptable. A new symbol, new layout or new colours that change the overall impression is a new mark and needs a new application. This is the main reason not to register a logo that is still changing.
A wordmark is not affected by redesigns at all, which is one more reason it should normally come first.
A practical filing order
- Search the name on the IP India public search for identical and similar marks in your classes.
- File the name as a wordmark in the classes that cover what you sell now and what you will sell soon.
- Use ™ with both name and logo while the applications are pending. Use ® only after registration.
- Once the logo is final, file it as a device mark, in the classes where the logo is used on goods or in marketing.
Frequently asked questions
If I register the logo, is the name inside it protected too?
Only as part of the logo. Against someone using the same name in plain text or a different design, a device registration is weaker than a wordmark.
Can I register my name in capital letters or a special font?
A wordmark is filed in plain text and protects the word in any style. If the special lettering itself is distinctive and important, it can be filed separately as a device mark.
Should a startup file everything on day one?
Usually not. File the wordmark early, because names are taken first. Add the logo once it has settled.
Complianto (complianto.in), operated by Mentorcorp Private Limited, is a private consultancy and is not affiliated with any government body. We do not issue official documents. We charge a professional fee for application assistance and advisory services. Applicants can apply directly to the government without our fees via the official portals: MCA (mca.gov.in), Income Tax (incometax.gov.in), GST (gst.gov.in), MSME (udyamregistration.gov.in), FSSAI (foscos.fssai.gov.in), Startup India (startupindia.gov.in), and IP India (ipindia.gov.in).
This article is general information, not legal or tax advice.
