One of the first goals of any business is to be recognizable through a unique distinctive mark. In order for a mark to be distinctive it must be capable of fulfilling its primary function, namely to serve as a guarantee of the commercial origin of goods or services by enabling consumers to distinguish without likelihood of confusion those goods and/or services from those of competing companies.

Visual elements are more easily remembered by consumers and contribute to better identification of the mark in the marketplace, which is why companies usually create a logo. A logo is most often a combination of text and visual elements and has visual distinctiveness. Visual distinctiveness is a key element in building a strong brand. Moreover, the visual distinctiveness of the logo makes the brand recognisable even without mentioning the name. A classic example is the Starbucks logo. Consumers can recognize the company just by the imagery in the logo without mentioning the name.

The combination of text and visual elements is stated as a combined brand. Composite trademarks are a powerful tool for creating identity in the marketplace, while being considered strong trademarks, as they protect the overall impression created by the combination of text and image.
Often companies limit themselves to a word name, which they use both in their commercial activities as a company name and as a sign that distinguishes their goods and services from those of their competitors. A word mark consists entirely of letters, words or combinations of words, with no special graphic element. The protection conferred by the registration of a word mark applies to the word indicated in the application for registration and not to the individual graphic or stylistic features which the mark may possess.

In other words, a word mark confers protection only on the word element and a combination mark on the overall impression created by the combination of the word element and the image.
The above considerations lead to the conclusion that if a protected word name is included in the composition of a combined mark in which the visual elements dominate, the two marks (the word mark and the combined mark) will not be similar, notwithstanding the fact that they contain the same word name. It follows that the proprietor of an earlier word mark will not always be able to oppose an applied-for combination mark which contains an identical word name.

Where you have a logo, my advice is to register
a combination mark, because it is the overall look and feel of the brand that is protected. Along with the combination mark, another word mark can be registered to defend the word name. This approach is financially burdensome for companies, but it certainly guarantees brand protection.

If you don’t have a logo and only use a word
name, registering only a word mark is a good solution. One of the great advantages of word marks is that they can be used in a variety of ways – in text formats, fonts and more. A word mark protects the word, regardless of how it is visualised. Businesses can easily adapt the brand to different media, channels and social networks. So a word
name can be used as a business name, domain name, social media page name, and on other marketing channels. The word mark is the main business identifier for the company.

This publication is only intended to be a guide for businesses. The choice between a word mark and a combination mark should be made depending on many factors – marketing approach to consumers, potential risks of unfair practices
from competing companies, etc.