Q: Hi...I am doing an intent to use trademark application. Are those two separate fee?
Will I be paying one fee for the band's name and another because I upload a logo? Or will it just be one fee because...the band name is in the logo which automatically trademark's the band's name as well?
Thank you
A: Trademark registration applications require applicants to select whether or not they want to register the name apart from the logo. You would probably need to ask an attorney what difference the selection makes. See tutorial material at www.uspto.gov.
A:
The best practice is always going to be to separately register both the logo and the band name. The trademark for the name alone carries the broadest protection for the name, no matter how it is presented. The trademark for the logo protects the appearance of the logo no matter what name it is used with. So, your band name mark keeps others from copying the name, and the logo mark would keep others from copying your logo but using it with a different name. Both carry value, which is why it's the best practice to register both. However, if funds are tight or other reasons prevent registering both separately, you are probably better off to register the logo with the band name in it, as that approach carries the most overlap with the other registration you would be forgoing.
As for an intent to use application, is the band not yet performing under the name and logo? If you are already using them, then you would want to file a regular application, not an intent to use application, which will then avoid a filing fee, making the overall process a bit cheaper.
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