The recent change of the policy trademark offices towards the protection of black / white device registrations urged us to rethink the filing strategies. Are certain trademarks still fully protected? And will the use of a logo in color be sufficient in order to maintain the rights of the registration in black / white?
Interesting questions for a trademark attorney, but for the trademark owners less fun. They only want one thing: solid protection of their name and logo.
In case of a logo, everyone thinks automatically of a trademark registration. Certainly clever, because a trademark registration offers a broad protection. But especially in case of various types (like here with Foursquare), and in case of a tight budget, design protection could be a perfect solution for a solid additional protection. For instance, design registrations are not subject to the use requirements. And several variations of a logo can be incorporated into one design registration.
Our colleague Ellen Gevers recently wrote a very interesting and clear article on this topic that was published in the World Trademark Review. Happy reading!
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