Word Marks vs. Design Marks: What’s the Difference?

When clients contact me about registering a trademark, we always discuss whether they want to protect the name of their business or product, their logo, or both.  Many clients assume that registering a trademark protects both the name and the logo.  That’s not necessarily true because of the difference between a word mark and a design mark.

Word and design marks are two common ways to register a trademark with the United States Patent and Trademark Office (USPTO).  Both provide trademark protection, but they protect different aspects of a brand.

What Is a Word Mark?

A word mark protects the words, letters, or numbers that make up a trademark, without regard to any particular font, style, size, or color.  Word marks are generally registered in what the Trademark Office calls “standard characters.”  We typically present a word mark to the Trademark Office in Times New Roman all-caps font.

For example, NIKE, APPLE, and COCA-COLA are all well-known word marks.  A standard-character registration for one of these marks protects the wording itself, whether it appears in plain text, an elaborate font, or as part of a logo.

This flexibility is one of the primary advantages of a word mark.  A business can change its logo, colors, or typography over time without necessarily affecting its trademark registration for the name.

What Is a Design Mark?

A design mark protects a particular visual appearance of a trademark.  It might consist entirely of a graphic, symbol, or logo, or it might combine words with distinctive lettering or graphical elements.

Think of the Nike Swoosh, the Apple logo, or the Starbucks mermaid.  Each is an example of a design mark that consumers recognize even without seeing the company’s name.

Design marks can also include words.  For example, a business might have a logo consisting of its name in a distinctive font, surrounded by a graphic.  That combination can be registered as a design mark.

Unlike a standard-character word mark, a design mark registration is directed to the particular visual presentation shown in the application.  This can make the registration less flexible if the business later changes its logo substantially.  However, it can also give the business valuable protection on the look of its mark; if a competitor mimics that look, there might be infringement even if the letters or words in the mark are different.

Practical Tip: Before filing an application for a design mark, consider whether your logo is likely to change in the near future.  If you are still experimenting with different logos, fonts, or graphics, it may make sense to wait until your branding is more settled.  A substantial redesign could require a new trademark application.

How Are Word Marks and Design Marks Similar?

Both word marks and design marks serve the same fundamental purpose: identifying the source of goods or services and distinguishing them from those offered by competitors.

Both can be federally registered, and both can be used to prevent competitors from using confusingly similar trademarks.  Neither provides an absolute monopoly over a word or design in every industry.  Trademark rights generally depend on the mark, the goods or services involved, and the likelihood of consumer confusion.

The trademark application process is also essentially the same for both types of marks.  The Trademark Office examines each application to determine whether the mark qualifies for registration and whether it conflicts with existing trademarks.

Before filing either type of application, it is generally advisable to conduct a trademark search to identify potentially conflicting marks.  Searching for design marks can be more complicated than searching for word marks because the search may require identifying graphical elements using special design codes.  I discuss this in more detail in my article on trademark searches of design marks.

Should You Register Your Name or Your Logo First?

When a client has a distinctive business or product name, I often recommend registering the word mark first.  A standard-character word mark typically provides broader flexibility because it is not limited to a particular visual presentation.

However, a design mark may be particularly valuable when the logo itself is distinctive or when customers recognize the business primarily through its visual branding. Therefore, the idea that the word mark is often the primary filing is not a rule; each situation is different and needs to be evaluated based on its own facts and the business’s needs.

There are also situations in which a design mark may be registrable even though the wording alone presents difficulties.  For example, distinctive graphical elements may help a composite mark qualify for registration when the words themselves are descriptive.  However, registering that combination does not necessarily give the owner exclusive rights to the descriptive words standing alone.

Practical Tip: Don’t assume that adding a logo to a descriptive or otherwise weak business name will give you strong trademark rights in the name itself.  The Trademark Office may allow registration of the overall design while requiring you to disclaim exclusive rights to certain words.  If the name is important to your business, it is worth evaluating its strength before investing heavily in branding.

Can You Register Both?

Yes. In fact, many businesses register both their word marks and their design marks.  For example, a company might register its business name as a standard-character word mark and separately register its logo as a design mark.  These registrations provide complementary protection: one for the wording and the other for the visual presentation.

However, each registration requires a separate application and filing fees.  For a business with a limited trademark budget, it may make sense to prioritize the word mark and pursue protection for the logo later.

For a business just getting started, a trademark knockout search can be a cost-effective first step in evaluating a proposed name before committing to a more extensive search or registration strategy.

Ultimately, the right strategy depends on the strength of the name, the distinctiveness of the logo, how the marks are used, and the business’s long-term branding plans.  Understanding the differences between word marks and design marks can help businesses make better decisions about protecting their brands.

If you are considering registering a trademark, an experienced trademark attorney can help you determine which form of protection makes the most sense for your business.