Word-image mark
What is a Word-Image Mark?
The word-image mark consists of elements of a word mark and a figurative mark. A word mark becomes a word-image mark as soon as a word is underpinned by a special design of the typeface or a special character is used, which is inadmissible for pure word marks.
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The scope of protection of a word-image mark is determined by the distinctiveness of the individual elements. If both the word part and the graphic / pictorial part are eligible for protection, all components have a protective effect.
In the case of a word-image mark, however, it is also possible to use non-distinctive words as part of the mark. For example, a wellness hotel could protect the word-image mark “Wellnesshotel”. This works despite the lack of distinctiveness of the generic term “Wellnesshotel” for the accommodation sector, as long as at least the associated graphic is distinctive.
However, the owner of this mark does not acquire any rights from the term “Wellnesshotel” registered in this way. The term Wellnesshotel can therefore continue to be used by anyone without resulting in a trademark infringement. An exclusive right – i.e. the right to prohibit third parties from using it – is only acquired by the hotel in this case with regard to the distinctive graphic.
The reverse case is also conceivable. If the graphic design is so commonplace that the image part of the word-image mark does not acquire any distinctiveness, then only the word part of the mark acquires a protective effect. This is the case if the graphic design is limited to the representation in the standard font “Arial” in the color “red”.
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If both the word part and the image part of the word-image mark are distinctive, then it is advantageous if both parts are separable from each other. In this case, it is recommended to register a word mark and a figurative mark separately. This procedure has the advantage that the trademark protection of at least the word part continues to exist if the graphic part changes.
The same applies if the word part of the word-image mark is not eligible for protection. Even then, a pure figurative mark is preferable if the word part and the image part are clearly separable. In this way, the wellness hotel could later switch to another hotel name without any problems without risking the trademark protection of the logo.
The question of which type of trademark is preferable plays a central role in the consulting process for trademarks with word and image elements. In many cases, adaptation is worth considering for strategic reasons.
Distinction from the Word Mark
In contrast to the word-image mark, the pure word mark does not contain any design elements. Instead, the word mark consists exclusively of text.
Distinction from the Figurative Mark
In contrast to the word-image mark, the pure figurative mark does not contain any elements of a word mark, i.e. no characters that can be contained in a word mark.
Select Your Preferred Appointment Now:Free initial consultationOther Types of Trademarks
Word marks Figurative marks Word/figurative marks Color marks 3D marks / Shape marks Position marks Pattern marks Sound marks / Aural marks Identification thread marks Hologram marks Motion marks Multimedia marks Other marks
Costs of a Word-Image Mark
You want to register a word-image mark? Then you have come to the right place!
You can find an overview of the costs and fees in our trademark protection packages with fixed prices.
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