Some businesses choose to trademark their entire logo (with the business name) as a single trademark. This is a composite trademark. Examples of composite trademarks can be seen in big name brand logos such as Samsung, National Australia Bank (NAB) and McDonald’s logos. Other business will choose to only trademark the business name or the name of a product. Take Apple Inc. for example. Apple has trademarked the word ‘APPLE’ and their signature bitten apple logo as two separate marks.
What is a composite trademark?
A composite trademark consists of a combination of words, images, shapes, sounds, scents and/or colour elements. Like any other type of trademark, composite trademarks must be distinguishable from any other trademark. It must also distinguish your goods or services from any competitor, and must not attempt to deceive or cause confusion. However, composite marks are usually easier to distinguish than standard trademarks because the combination is viewed as a whole.
Why Should You Register A Composite Trademark?
Composite trademarks allow you to register a combination of components that would otherwise not be registrable. Some words are too generic or descriptive. However, it can be combined with another trademark component to create a composite trademark, which as a whole is distinguishable, and more capable of registration.
Alternatively, some businesses choose to only trademark a word or image, rather than a stylised word or a combination of components. This is because it is easier to change the individual components later on. For example, if your business name (just the words themselves) is a trademark, then you could change the logo, colour, font etc., without losing your trademark protection.
If you trademark a business name as a composite trademark with a specific image, colour, font etc., then you would be unable to change it while maintaining your trademark protection. You would have to apply for new trademark registration with the new design.
For Example:
Apple Inc. has trademarked the following image:
This would be considered a standard trademark since there is only one component (an image) to the mark. On the other hand, the following Samsung logo is a composite trademark because it contains a combination of components (a shape/image and a word):
Conclusion
So should your business register a composite trademark or separate trademarks? The type of trademark you should register depends on the intended purpose of the trademark. If individual components of the trademark will be difficult to register, and your business is fairly certain in the longevity of the mark, then a composite trademark will be your best option. Applying for trademark registration can be costly if you get it wrong. Save time and money by registering your trademark with a trademark attorney.
