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The word mark registers the word as a trademark. The typographical and design treatment of the word can have separate trademark protection. That can be true w
by jameshart 3y ago
The word mark registers the word as a trademark.
The typographical and design treatment of the word can have separate trademark protection.
That can be true whether or not a design mark is registered.
If you started a car company called ‘Beep’ and write its name in olive green Helvetica Black, Jeep might struggle to make a case about your name’s similarity to their word mark (beep is a different word and rhyming is not a crime), but they for sure could take you to court for stealing their trade dress.
- freejazz 3y agoSo rather than make the point that the use in helvetica is captured in the word mark (it isn't) you instead add trade dress into this??
- jameshart 3y agoNot in the word mark registration, sure. But registration is not the whole of trademark law is it? ‘Word mark’ is also just a term of art in graphic design referring to a logo consisting of just text - another word for logotype. Should I have said logotype instead?
- freejazz 3y agoIt's captured in the trade dress - that's all you had to say. You don't have to say its captured in the word mark, because it isn't!