Registrare Marchio

  • Who we are
    • Eva Troiani law firm: trademark registration and legal protection
    • The Project Registrare-Marchio.com
  • Trademark consultancy
    • The Verification of Trademark’s Requirements
    • Trademark Search: identity and similarity
    • Where to register a trademark
    • Filing a Trademark Application
    • Graphic Creation of a Trademark
    • Trademark protection: the surveillance service
  • Trademark legal assistance
    • Trademark defense from objections of the Trademark Office
    • Trademark defense from disputes
    • Trademark Opposition Proceedings
    • Trademark Assignment and Licence Agreement
  • Contact
  • FAQ
  • Certification
  • LANGUAGES
    • English English
    • Italiano Italiano
  • The trademark
    • What a Trademark is
    • How to Conceive a Brand
    • Types of Trademarks
    • Denominative and Figurative Trademark
    • Collective Trademark
    • Color Trademark
    • Position Mark
    • Slogan Trademark
    • New marks
    • Unregistered trademark
    • Deceptive Trademark
    • Trademark with Reputation
    • Family of trademarks: what they are
    • Invalid Trademark and Revocation
    • Trademark symbols which can be used in Italy: ™ and ®
    • Value of a brand
    • Trademark assignment
    • Trademark Licence agreements
    • Right of Priority of a Trademark
    • Validation of a trademark
    • Limitations of the Right on the Trademark
    • How to Avoid Complaints to a Trademark
    • Read more
  • Registering a trademark
    • Why to Register a Trademark
    • Who is Entitled to Register a Trademark
    • Filing and Registering a Trademark
    • Nice Classification – edition 2026
    • Duration of a trademark
    • Registering a logo or Registering a brand?
    • How much it costs to register a trademark
    • Graphic changes to a registered trademark
    • Trademark Registration in Italy
    • Registering the European Union trademark
    • Registering an international trademark
    • REGISTERING A TRADEMARK IN EUROPE
    • REGISTERING A TRADEMARK IN THE MIDDLE EAST
    • REGISTERING A TRADEMARK IN ASIA
    • REGISTERING A TRADEMARK IN NORTH AMERICA
    • REGISTERING A TRADEMARK IN LATIN AMERICA
    • REGISTERING A TRADEMARK IN AFRICA
    • REGISTERING A TRADEMARK IN OCEANIA
    • read more
  • Mistakes not to be made
    • 10 errors not to do with trademark
    • Lack of distinctive character of a mark
    • Vulgarization of Trademark
    • Signs become customary cannot be registered as trademarks
    • Trademarks with a fictitious date? Is there a risk of trademark invalidity?
  • Further considerations
    • CASE LAW AND TRADEMARK
    • DISTINCTIVE CHARACTER OF A TRADEMARK
    • CONTRACTS RELATED TO TRADEMARKS
    • TRADEMARKS AND BAD FAITH
    • COUNTERFEITS AND MISLEADING INDICATIONS
    • UNFAIR COMPETITION
    • GEOGRAPHICAL INDICATIONS
    • EUROPEAN UNION TRADEMARK
    • COPYRIGHT
  • News
    • Read posts
  • Guest corner

Home THE TRADEMARK Denominative trademark and figurative trademark: which of them is it better to register?

Denominative trademark and figurative trademark: which of them is it better to register?

by Redazione / Monday, 11 March 2019 / Published in REGISTERING A TRADEMARK, THE TRADEMARK

Not everyone knows that it is possible to register as a trademark even a simple word, completely devoid of any graphical characterization: it is the so-called denominative or word trademark, while figurative trademark consists of characterizing graphical elements.

Denominative and figurative trademark: which of them is it better to register?

 

The question often asked me is:

Is it better to register a word mark or a figurative mark?

The answer is: it is necessary to evaluate case by case.

When registering a figurative trademark

Generally speaking, if the word that you have chosen for becoming your trademark has a strong conceptual link with the product (or service) which will be distinguished by it (for example: good ice cream for ice creams), the choice of a verbal mark does not appear the most advisable, as the brand could be considered descriptive and not registrable or, even when registered, it could be contested because not distinctive.

Be careful, however: a descriptive word, even if graphically stylized, will also run the risk of receiving complaints based on the lack of distinctive character because the graphic stylization may not be enough to give it the strength which is necessary to become a brand with distinctive capacity.

The speech could change by adding to the word one or more original graphical elements, devoid od conceptual connection with the identified product (for example, the image of a cow is not distinctive if used as a brand of a milk pack, but it could be distinctive, for example, when used as a trademark of a jewel).

When registering a denominative trademark

On the other hand, if the word is distinctive, it may be convenient to register a word mark which will give you more freedom in using it, allowing you to reproduce the logo with any graphical shape and to change it over time. Provided that the word constituting the trademark is sufficiently distinctive, the possibility of recording both the word mark and the figurative mark can be assessed, because on one hand there could be the need to have greater freedom in the use of the word and on the other hand, however, you could wish to protect a specific graphical characterization through the force of the registration.

Which elements must be considered in the choice between denominative and figurative trademark

  • Graphical characterization is binding, namely if you register a graphical stylized name then you will have to use such name with that graphic;
  • If you choose to register a trademark claiming some colors, you have to know that in some types of registrations (for example, international trademark) you will pay ad additional sum because the mark claims colors;
  • If you choose to register a trademark composed both of words and graphical elements, it will be advisable to carry out a search on the whole brand.

The elements seen are only some of the many which must be taken into consideration before registering a brand and for this reason it is always advisable to ask for the opinion of an expert in IP field.

You don't know whether to register a figurative or a word mark? Contact us!
Summary
Denominative and figurative trademark: which of them is it better to register?
Titolo articolo
Denominative and figurative trademark: which of them is it better to register?
Description
When you are going to file a trademark, the first choice is to decide whether to register a denominative or figurative trademark. Do you know the differences?
Author
Eva Troiani
Publisher Name
Lawyer
Publisher Logo
Lawyer

Did you find this article interesting? Share it!

They may also be interested in these items

Types of Trademarks: Definition and Characteristics

Defending the trademark from objections of the Trademark Office

10 errors not to do with trademark

Eva Troiani

Eva Troiani (Attorney At Law)

Eva Troiani has been working for over 20 years dealing with all aspects of the trademark: from trademark application to trademark registration worldwide, providing assistance in the event of disputes; she proposes an extensive legal advice to companies and professionals. She is the author of all the articles in this website “registrare-marchio.com”, a project created with the aim of providing useful and updated information on the trademark’s world to all readers. You can follow the lawyer Eva Troiani also on her Linkedin profile.

Eva Troiani

Do you need assistance, advice or information? If you have an idea, do not let it steal!

Contact Eva Troiani’s law firm

For registration and protection of trademarks

The texts in this database are only for informational and scientific purposes and they are not to be considered official; we therefore decline any responsibility for possible errors or inaccuracies. All mentioned trademarks belong to their legitimate owners; trademarks, product names, trade names and the images of the products are the property of their respective owners. They are used in this database only for informational purposes, without any purpose of violating existing rights of others.
The information you obtained at this site is not, nor is intended to be, legal advice. You should consult Ms. Eva Troiani and/or a trademark attorney and/or an attorney at law handling with intellectual property for individual advice regarding any legal questions that you may have.

Find out why Mario decided to register his trademark

Register now your trademark!
Guest Corner

Last articles

  • New Rules for Trademark Oppositions in Argentina

    New Rules for the Administrative Resolution of Trademark Oppositions in Argentina

    Our Argentine colleague Natalia Veltri explains...
  • registrare un marchio in Nigeria: la guida / A Guide to Trademark Registration in Nigeria

    A Guide to Trademark Registration in Nigeria

    Nigerian colleague Hadiza Abdulmumini, Managing...
  • Esempi di marchi costituiti da figure che non sono registrabili perché descrittivi e privi di carattere distintivo

    Why Some Figurative Trademarks Are Not Registered: Descriptiveness and Lack of Distinctive Character

    Even a trademark consisting of an image may be ...
  • Trademarks with a fictitious date

    Trademarks with a fictitious date? Is there a risk of trademark invalidity?

    The Court of Justice (C-412/24) clarifies: usin...
  • Modicihe alla normativa sull'uso della lingua francese per i marchi in Canada

    Quebec Trademark Rules: New French Language Law 2025

    The final changes to provisions regarding trade...

Category

  • THE TRADEMARK
  • REGISTERING A TRADEMARK
    • REGISTERING A TRADEMARK IN EUROPE
    • REGISTERING A TRADEMARK IN THE MIDDLE EAST
    • REGISTERING A TRADEMARK IN ASIA
    • REGISTERING A TRADEMARK IN NORTH AMERICA
    • REGISTERING A TRADEMARK IN LATIN AMERICA
    • REGISTERING A TRADEMARK IN OCEANIA
    • REGISTERING A TRADEMARK IN AFRICA
  • MISTAKES NOT TO BE MADE WITH TRADEMARKS
  • INSIGHTS INTO BRAND
    • CASE LAW AND TRADEMARK
    • DISTINCTIVE CHARACTER OF A TRADEMARK
    • COPYRIGHT
    • CONTRACTS RELATED TO TRADEMARKS
    • TRADEMARKS AND BAD FAITH
    • COUNTERFEITS AND MISLEADING INDICATIONS
    • UNFAIR COMPETITION
    • GEOGRAPHICAL INDICATIONS
    • EUROPEAN UNION TRADEMARK

Subscribe to the newsletter

come contattare l’Avv. Eva Troiani

+393382938021

Utility

  • Eva Troiani law firm: trademark registration and legal protection
  • The Project Registrare-Marchio.com
  • Where to register a trademark
  • The Verification of Trademark’s Requirements
  • Trademark Search: identity and similarity
  • Filing a Trademark Application
  • Graphic Creation of a Trademark
  • Trademark protection: the surveillance service for the protection of your brand
  • Trademark Opposition Proceedings
  • Trademark Assignment and Licence Agreement

Contact

Eva Troiani (Attorney At Law)

P. Iva IT07106461002


+39.338.29.38.021
 info@marchiebrevettiroma.it

You can also find me on:

logo iustlab

  • Who we are
    • Eva Troiani law firm: trademark registration and legal protection
    • The Project Registrare-Marchio.com
  • Trademark consultancy
    • The Verification of Trademark’s Requirements
    • Trademark Search: identity and similarity
    • Where to register a trademark
    • Filing a Trademark Application
    • Graphic Creation of a Trademark
    • Trademark protection: the surveillance service
  • Trademark legal assistance
    • Trademark defense from objections of the Trademark Office
    • Trademark defense from disputes
    • Trademark Opposition Proceedings
    • Trademark Assignment and Licence Agreement
  • Contact
  • FAQ
  • Certification
Registrare Marchio

registrare-marchio.com | Avv. Eva Troiani © 2023 - All rights reserved | Cookie policy | Privacy policy
The contents of this site provide readers with general information and are not legal advice.
Powered by
Ip Coster

TOP