Name and logo caveat – what does it look like and when should it be used?

The reservation of a name and logo is a key step in protecting a brand’s identity and its value in the marketplace. What are the process, benefits and legal requirements involved in reserving a name and logo?

In this article you will find out:

• What is name and logo reservation?
• How does name and logo reservation differ from trademark reservation?
• What is the process for reserving a name and logo?
• What are the most common problems associated with name and logo reservation?
• How much does it cost to register a name and logo?
• What can be gained by registering a name and logo?

Name and logo registration – definition

Name and logo reservation is a legal process that provides protection for a company’s brand or corporate identity. It covers both the name, which is created in the naming process and is the unique identifier of the brand, and the logo, which is the graphic symbol representing it. It is possible to register a name and a logo at the same time – many choose to do so to provide comprehensive protection for their brand. This often includes registering the name as a trademark and the logo as a separate mark or as part of the mark attributed to the name.

Name and logo reservation is the legal process of obtaining exclusive rights to use certain trademarks to identify a company’s products or services.

Definition of name and logo reservation.

The Nice Classification, the international system for classifying products and services for the purposes of trademark registration, plays a key role in name and logo reservation. It divides goods and services into 45 classes – classes 1 to 34 are commodity classes, covering a variety of products from chemicals to clothing and electronics, and classes 35 to 45 are service classes, which cover different types of services, such as advertising, education, financial services, or medical services This allows you to determine exactly the extent to which a trademark will be protected, which is crucial in the legal protection of a brand.

Registration of names and logos can be done at several levels: national, regional (e.g. in the European Union) and international. In Poland, the Polish Patent Office is responsible for this, in the EU the European Union Intellectual Property Office (EUIPO), and at the international level the World Intellectual Property Organisation (WIPO). Regardless of the level, the process requires careful analysis and often the use of IP lawyers to ensure that both the name and logo are unique and do not infringe the rights of others.

Name and logo registration versus trademark registration

The reservation of a company name and logo and the reservation of a trademark are closely related but not identical concepts. Trademark is a broader concept that can include not only a company’s name and logo, but also other elements – slogans, sounds, colours or even specific product packaging. Its main purpose is to identify the brand and the origin of the products or services and distinguish them from the competition, so it is a key element in building and protecting the brand.

The reservation of a company’s name and logo focuses only on two aspects: the name (the verbal identifier of the company) and the logo (the visual symbol). Both of these elements can be registered as trademarks, giving them legal protection. When a company decides to register a name and a logo, it often registers them as separate trademarks, thus obtaining separate legal protection for both elements. At the same time, an organisation may choose to register a combination of name and logo as a single trade mark if they form a consistent, recognisable mark identifying its products or services.

It is also worth noting that non-standard trade marks are distinguished, which can be flavours, fragrances or gestures. Such trademarks represent innovative ways to distinguish a company’s products and services, but may be more difficult to register and protect due to their unconventional nature and the difficulty of meeting the requirements to demonstrate their recognition and distinctiveness. Registering a name and logo is simpler, while the process of registering and protecting unconventional trademarks may require more complex legal action and evidence that they actually serve as a means of identifying the origin of goods or services in the minds of consumers.

The process for reserving a name and logo

The process of claiming a company’s name and logo as trademarks begins with an availability survey to ensure that the chosen name and logo are not being used or registered by others. The next step is to prepare the relevant application documents, which include details about the trademark and its scope of use.

Once the application is submitted, the patent office verifies its accuracy to ensure that it meets all legal requirements. If accepted, the trademark is published, giving others the opportunity to file an opposition. The final step is to obtain a certificate of registration, which officially confirms the rights to the trade mark.

This process varies depending on the jurisdiction in which the registration is made:

• In Poland (Patent Office of the Republic of Poland), the process begins with the filing of an application with the Patent Office of the Republic of Poland with the identification of the trade mark category in the Nice classification. The office then conducts a formal and substantive examination, and once the procedures have been successfully completed and the mark has been published, other parties may file possible oppositions.
• In the European Union (EUIPO), the process begins with an online application via the EUIPO portal. This is followed by formal verification, an analysis of the risk of conflict with existing marks, and the whole process ends with the publication of the mark. If there are no objections, EUIPO issues a trade mark registration that is valid throughout the European Union.
• To claim a mark internationally, one must first have a registration or application for registration with a national patent office. An international application is then filed through the Madrid System, specifying the countries in which protection is to apply. WIPO conducts a formal assessment and, if successful, sends the application to the relevant offices in the selected countries, where further assessment takes place according to local regulations.

The most common problems related to the reservation of a name and logo

The process of reserving a company’s name and logo as trademarks can encounter various difficulties and errors. In order to avoid them, it is a good idea to seek the help of intellectual property law specialists. Here are some of the most common problems:

• One of the main difficulties is the risk that the chosen name or logo will be too similar to already existing trademarks. This can lead to rejection of the application and even legal disputes with owners of similar marks.
• Trademarks must be recognisable and distinguish a company’s products or services from its competitors. Overly generic, descriptive or commonly used names and logos may not meet this criterion.
• The Nice classification requires specifying exactly in which categories of products or services the mark will be used, so misidentifying the category of the name and logo may lead to registration problems or limited legal protection.
• It is possible that the chosen logo or name infringes copyright, image rights or other third party rights. This may result in a refusal of registration or subsequent legal problems.
• Errors in the forms, insufficient information or problems with registration fees can delay or prevent the registration of a trade mark.
• The registration process can be lengthy and failure to monitor the status of an application can lead to important deadlines being missed or the need to respond to oppositions.
• Careful consideration should be given to which countries you wish to protect your trade mark in. Being limited to one country may not be enough if a company plans to operate internationally.
• Once the trademark is published, others may raise objections. An inadequate or negligent response may result in the rejection of the registration.
• Simply registering a trade mark does not provide automatic protection. Active enforcement and response to infringements is also required.

Costs of registering a name and logo

The cost of registering a company name and logo as trade marks varies depending on the territorial scope of protection, the number of trade mark classes covered by the application and the form of the mark (i.e. whether it applies to the name only, the logo only or both):

• In Poland, the fee for filing a trademark application in one class is PLN 450, and each additional class is an additional PLN 120^[1].
• In the European Union, the filing fee for a trade mark application in one class is 1000 EUR (850 EUR when filing electronically), and each additional class costs 50 EUR or 150 EUR^[2].
• At the international level, through WIPO, the basic fee for application and protection up to three classes is CHF 653 without colours and CHF 903 with colours. Each additional class above the third is CHF 100. To this are added the fees for each designated member state. The costs do not take into account any fees for patent attorney services^[3].

Advantages of registering a name and logo

The registration of a company name and logo provides exclusivity and legal protection against unauthorised use by others, which helps to protect:

• brand identity
• the brand image,
• brand reputation.

Moreover, registering a name and logo also facilitates building brand awareness and credibility of the company among consumers, which can translate into increased consumer loyalty and trust.

Having registered trademarks can be a valuable asset in business negotiations, licensing agreements and in the event of potential legal action. It enables more effective legal action against infringement and counterfeiting, which is particularly important in an era of global trade.