Trademark help: should I register word mark or logo

[bobbo mcbobbo]

I recently applied for a trademark for my business. I did the application myself as I had some advice on which classes to use and was told it was a straightforward process.

I registered two marks in series. The first was simply the name of my company, lets say it's BOBBO. It's a unique, made up word which I am sure will not face objection. The second was our logo. Our logo is made up of a stylised text of the word BOBBO and a simple graphic illustration above the text.

I've just gotten a reply from the IPO and they have an objection:

There is an objection under Section 41(2) of the Act, because the second mark includes a distinctive device not present in the first, word only mark, changing the visual identities of the marks.
This objection may be overcome by choosing one mark to proceed.

My question is about which one I should choose. I'm really struggling to understand the disadvantages of going either route. If I use just the logo does this prevent someone from using my name with a different logo? If I choose just the text BOBBO is this more all encompassing and prevent all use of my name? Then what would be the point of ever registering a logo? Also I noticed some of my competitors have only trademarked their logos (which include text of their name), so this further confuses me.

Appreciate any advice.

 

[bobbo mcbobbo]

So I managed to figure this out. All the trademark posts on this forum right now 0 replies...I guess people are bored of trademark questions! Anyway I figured I'd reply to my own post for any future googlers

I found a post on here which helped me understand a lot. It won't allow me to post the URL so search google or use this forum's search and enter: "Is it better to register just words as a trade mark or a logo?"

In short, it's better to register a word mark as it offers the broadest scope of protection. Even if you update your logo every year it will still be protected if you have the word mark registered (presuming the logo includes the word). The only issue is that it's more difficult to get a word mark registered. In my case this is not an issue as it's a totally unique and made up word. If it's an issue for you and you're not 100% sure if your word will be accepted then there is great advice in the thread I mentioned above. You should register for the word and logo mark as a series via the Right Start application process. Based on the right start advice you can drop either the word or logo.

 

[TCK1]

I appreciate you coming back to answer your own question.
Even though it was ignored in general, your answer will hopefully help others.

 

[Chris Eagland]

I appreciate you coming back to answer your own question.
Even though it was ignored in general, your answer will hopefully help others.

Yes, I saw the original thread and it was very useful. Bobbo summarised it very well as well.

 

[BNBusinessProtection]

Sorry, only just seen this or I would have replied! Yep, word mark is better. The objection may be on the grounds that the second mark in the series is too dissimilar to the first mark. Much better just to register the word mark as it would protect you on the stylised version also.