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Q.Can I apply for the word mark and design logo in the same application?

A.Yes and No. A typed word mark and a design logo are generally considered two separate trademarks. However, if the typed word mark is generic or descriptive, and thus incapable of trademark registration, then the words and design logo may be trademarked as ONE design logo. In such a case, both the typed words and logo will be considered together to constitute one mark. This means if another company used the typed words, but not the logo, no trademark infringement has occurred. Trademark attorneys often suggest that the typed word mark be separately applied for so as to maximize trademark protection. Since your particular circumstances may dictate a different result, we strongly suggest that if you are using both a typed word mark and a design logo that you should consult with a trademark attorney before proceeding to register your mark(s). If you can't afford an attorney to register the mark, at least sit down for a consultation.




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