If you can only afford one, file the word mark. It gives broader protection.
The longer answer is that they protect different things, and for most businesses building a brand of any value, the right answer is eventually both.
What each one protects
A word mark protects the word itself, in any font, styling, colour or arrangement. Register the word and you have exclusive rights over it regardless of how it is presented.
A logo or device mark protects the visual representation as filed. The specific design, styling and, where claimed, colours.
Why the word mark is usually stronger
A word mark travels. If you register the word and later redesign your logo, the registration still covers you. If a competitor uses your brand name in a completely different typeface, that is still within your registration.
A logo registration is tied to the design filed. Change the logo significantly and the old registration protects a design you no longer use. A competitor using your brand name in a different visual style may fall outside a logo-only registration.
This is why a logo-only strategy leaves the most valuable asset unprotected. The name is what customers search for, say aloud and type. The design is what they recognise on the shelf.
When the logo registration matters
Filing the logo is worth doing where:
The visual identity carries real value. A distinctive device that consumers recognise independently of the name is an asset in its own right.
The word is weak. If your brand name is descriptive and faces Section 9 objections, a stylised logo containing that word may be registrable where the plain word is not. The protection is narrower, but it exists. See marks that cannot be registered.
The device stands alone. Where the logo is used without the name, as with app icons and social avatars, it needs its own protection.
Enforcement against lookalikes. A copycat that changes the name but mimics the visual design is easier to challenge with a device registration.
The costs
Fees in India are per mark, per class. A word mark and a logo are two marks, so filing both doubles the official fee for the same classes. See trademark fees.
For a business at the start, that is a real consideration. The sequencing most clients settle on:
- File the word mark first, in the classes that matter.
- Add the logo once the visual identity has stabilised and the budget allows.
Filing the logo first, then redesigning it a year later, wastes the filing.
A composite mark is not a substitute
Filing the word and the device together as a single composite mark looks like a way to cover both for one fee. It is not equivalent.
A composite registration protects the combination. The protection over the word element alone is weaker than a standalone word mark registration would be, and a competitor using the word differently may fall outside it.
Where budget forces a choice, the plain word mark is generally the better single filing.
Searching differs too
The two require different searches. A word search will not find a conflicting device, and a device search will not find a conflicting word.
Logos are searched using Vienna codes rather than text. See how to search for logos using Vienna codes and the broader trademark search guide.
Frequently asked questions
If I can only file one, which should it be? The word mark, in most cases. It protects the name in any styling, which is broader than protecting one specific design.
Does a logo registration protect the words inside it? Only as part of that composite. Protection over the word alone is weaker than a standalone word mark registration.
Do I pay twice to file both? Yes. Fees are per mark per class, so a word mark and a logo are two applications.
What if I redesign my logo? The old registration continues to protect the old design. A significantly changed logo generally needs a fresh application, since amendments cannot substantially alter the identity of the mark.
My brand name is descriptive. Can a logo help? Sometimes. A stylised representation may be registrable where the plain word is not, though the protection is narrower and does not stop others using the descriptive word itself.
Should I claim colour? Claiming colour narrows the registration to those colours. Filing in black and white is generally read more broadly, which is usually the better position unless colour is genuinely distinctive to the brand.
Useful official resources
- IP India public search
- IP India e-filing portal
- Trade Marks Act, 1999
