Brand Name, Logo, Tagline— Who is the Best Trademark First?
It's exciting to start a business but it comes with different challenges, protecting your brand's identity being the one. It is one of the most critical points to build a long-term business. It's even more overwhelming when you are just starting out, the legal jargon surrounding trademarks can be overwhelming.
Most of the entrepreneur find themselves at a crossroads: should they prioritize a Wordmark or focus on the visual logo to represent their business?
It is a fact that both of them are essential components of your intellectual property so it is important to choose the right option first as it can save you thousands for future legal fees and rebranding costs as well.
With this blog we are going to discuss in details like what is logo, what is Wordmark, what should you register first and many other important points do make sure to follow this post till the end.
What is Wordmark?
Wordmark is also called as standard character mark,
. Wordmark is actually a trademark which helps to protect the actual text of your brand name. Wordmark consists only standard characters like letters, numbers and common punctuation. Now these standard characters are used without any specific font, size or colour.
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What is logo?
A logo is also called as design mark, it is a visual representation that includes stylized fonts, graphic symbols and specific colour scheme.
What is the power of Wordmark?
When you secure a Wordmark first, you essentially claim ownership of your brand name in it's most basic form. This is one of the most broadest possible protection for your brand as it is not tied to any particular design.
- Font and style independence
- With Wordmark protection, you can display your brand name in any font, colour or layout that you prefer and it stays protected.
- Rebranding resilience
- Two years from the date of registration, if you decide to refresh your visual identity, your Wordmark registration would still be valid. However, you don't need to file a new application just because you are choosing to change your logo's font from Serif to Sans-Serif
- Stronger Enforcement
- When you have a Wordmark protected, it id easier to prove infringement. If you see a competitor using similar name then your Wordmark gives you the power to challenge them irrespective of how different their logo looks.
Most of the startups, Wordmark plays the role of legal rank
of the brand world. It is so durable that it protects you on different platforms such as your website domain to physical signage. If you focus to secure text first then no matter hoe your brand looks in future the brand name that customers search on Google will belong to you only.
What is the right time to a logo Registration?
Wordmarks are there to offer broad protection, logo offer specific protection for your brand's visual assets. However, the logo includes unique icons for example you can consider brand Apple, they choose bitten Apple and often brands choose highly stylized typography such Coca-Cola.
- Distinctiveness over name
- if you are using a common or descriptive name then it has a high chances of rejection as a Wordmark. However, if you choose to represent that name with highly unique and creative logo then it may still be eligible for registration as a design mark.
- Visual recall
- There different industries of fashion or lifestyle where logos have more weight for consumers recognition then just simple name.
- Bypassing objection
- There are times when logo can bypass certain trademark registration bypass official objections if the overall visual is presented is distinct enough. It helps to prevent consumer confusion even if they don't have any entirely unique words.
You can consider logo mark as your visual signature. There might be some restriction that you have to use them as you have registered them to maintain the protection. If your logo includes a signature mascot or a proprietary symbol that you have spent thousands to design then it's important to protect that visual asset. You should do it on top priority.
Common Mistakes to Avoid in Logo Registration
Before we jump to know which one should you register first, it is important to know about the mistakes that you should avoid.
- If you are going to register only a logo for your new brand then rethink about it.
- The logo registration doesn't fully protect the name.
- You don't update the trademark after changing the logo.
- You keep delaying Wordmark filing to save costs.
- You choose trademark categories without discussing with proper consultant.
These are some of the mistakes that lead to disputes, legal notices and costly rebranding situation in the future.
Which one should you trademark first?
For majority of the businesses the most recommended option would be to trademark their Wordmark first. The main reason for this being flexibility. Startups do experiment with their visual identities in first few years. If you are going to trademark your logo in initial days of your business and then you decide to change the colour or font then your original trademark would not protect this new version.
This is why it becomes important to secure the Wordmark first as it is rarely going to change and offers a foundation for all future branding iteration.
You can think of trademark as the foundation of your house and the logo as the paint on the walls. You have the freedom to change the logo as much as you want but if someone tries to steal your foundation, the whole house is at risk.
Furthermore, if you prioritize Wordmark and finalize the look or representations after sometime, your brand's identity would be secured from day one. This is one of the most cost-effective strategy for bootstrapped founders who only have the budget for one filing.
How much is the price of a trademark?
The trademark registration fees in India depends on different factors. Trademark registration fees in India as of 2026 for startups, individuals and small enterprises (MSMEs) is around ₹4,500 per class for e-filing. If you are filing for companies and other entities then you have to pay ₹9,000 per class for e-filing. However, physical costs gets elevated by ₹5,000 for individuals and startups while for others it becomes ₹10,000. Not only this, but this fees structure can be updated by the government later.
What is dual protection strategy?
If you can expand your budget then the most robust way to secure brand would be file for both. This called Dual Strategy that involves:
- Phase 1- Make sure to file the Wordmark immediately as it secures the name.
- Phase 2- Once you have finalized your logo and decided not change it in coming 5 years then you can file a separate application for the logo mark as well.
This strategy ensures that you have protection for both the name and it's design. This leaves no room for competitors to infringe any part of your identity.
The best way to trademark starts from conducting a thorough research on the IP India website then you have to select the correct goof or services classification and then file an online form. This is why it is very important to consult a trademark attorney as they would help you to handle potential objections and ensure robust legal protection.
FAQs
1- Does a logo protection automatically protects my brand name?
No. Logo registration works to secure the specific visual representation. While it helps to protect words inside it to an extent, a competitor still have the freedom to use same name in a completely different font or style without necessarily infringing on your logo mark.
2- Does government has different fees structure for wordmarks and logos?
No, the government filing fees are usually sane for both types of marks. The main difference is the scope of legal protection they provide and not the cost of the application.
3- Am i allowed to register both Wordmark and logo in one application?
Most of the jurisdiction including India and US these are considered as different categories of trademark and often require separate applications and fees to get the full benefits of both.
4- What happens if i change my logo after registration?
if you decide to change your logo significantly then your existing logo trademark may no longer protect the new design. You will need to file for a new trademark application as it covers the updated version of your visual identity.
5- Which is easier to register for a descriptive brand name?
If you use a generic name like The Coffee House then it can be rejected as it too generic. In this case, you must use a unique, stylized logo mark. This is why it is easier to register because the design elements add the necessary distinctiveness.
6- Is it better to get a Wordmark or logo registration?
Logos can be changed frequently this is why it is important to focus on securing the character or Wordmark first. As higher value tends to lie in name recognition rather than a logo.
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