Saint Paul, MN asked in Business Law, Copyright and Trademark for Minnesota

Q: When the Justia site says something has a registered "wordmark" do you mean the LOGO or the company name in body copy?

I am a proofreader and I am trying to determine if a trade name can appear in body copy/regular font with a circle-R. My understanding is that this is a "wordmark"? And that this is a different registration than the trademark within a LOGO.

1 Lawyer Answer
Barbara Berschler
Barbara Berschler
Answered
  • Trademarks Lawyer
  • Rockville, MD

A: If a mark is designated as a "registered" mark, that means it is registered in the USA with the United States Patent & Trademark Office (USPTO) for goods (a "trademark") or for services (a "service mark"). Marks can take different forms, such as simply words; words using special layout, font or color; a design; a design with words, etc. For example, if you see Nike's swooch by itself, that design is a registered mark for the kinds of goods and services for which Nike registered it. Nike likely also has a registration for the word "Nike" when used as a mark, not merely as the name of the company. In your case, you need to find out whether the words in question actually are registered with the USPTO and whether there is a registration for the words alone and not with any designation of color or font. Then, if this is so, determine whether in the context of their use, the words simply refer to the company's name or are being used for purposes of linking the company with particular goods or services.

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