The most common mistake is that a business has its name and logo registered together as a single figurative mark, instead of registering the name separately. That feels logical — after all, it's how the mark is used in practice — but the consequence is that protection in practice remains limited to exactly that image: those letters, that typeface, that colour, that layout.
If someone later has the logo redesigned, or uses the name separately without the figurative mark format, they will find that the registration does not automatically adapt. And if you want to take action against a competitor who uses the same name but with a different logo, a combined figurative mark may give you less leverage than a separately registered name.
Why this often happens
The choice for a single combined application usually stems from two thoughts: it feels like one registration is cheaper than two, and the logo is the only thing that exists at the time of application — the name without formatting is then not seen as something requiring separate protection. Both thoughts are understandable, but they overlook what a trade mark registration actually covers. A figurative mark protects the combination as it is filed, not every variant in which the name is used later.
What goes wrong in practice
Suppose a business registers its name in a stylised logo with a specific typeface and colour. Two years later, a competitor appears with exactly the same name, but in completely different typography and without the figurative element. The registration holder wants to take action against this, but the registered trade mark right protects literally the image that was filed — not necessarily the bare name on its own. Whether the name itself then still enjoys sufficient protection depends on the concrete situation and is not automatic.
The reverse also goes wrong with a rebrand: the logo changes, and the old registration covers a form that is no longer used. A mark that no longer matches what is actually being used in the market can become vulnerable over time — for example, if someone questions the lack of use in the original form.
When registering together is actually sensible
There are situations where a combined registration is appropriate: when the name itself is descriptive or has limited distinctive character, and it is the figurative element that carries recognition. Think of a name containing commonly used words, where only the specific design gives it distinctive character. In that case, a word mark alone may have less chance of success, and a figurative mark may be more suitable.
Whether that applies to a specific name and logo cannot be said in general terms — it depends on how distinctive the name is in itself within the chosen classes. get an initial indication in a few questions provides an initial direction for this, without needing an account straight away.
How to prevent this
The core of the solution is simple: before filing, assess whether the name is distinctive enough in itself to register separately, apart from the logo. If so, a word mark is often the stronger foundation, possibly supplemented with a separate figurative mark for the logo. That means two registrations instead of one, with associated costs — a decision that varies from case to case and which you can make transparent using the overview at the page with rates and service fees.
At marcai.eu, this choice becomes part of the preparation: we examine together with you whether the name, the logo, or both should be filed separately, and which classes are appropriate. You file the application itself via your own free account with the BOIP or EUIPO; we prepare it and check it in advance against the public registers. You can read how that preparation and conflict check work exactly at the page about our approach.
Once an application is filed, it is not easy to adjust if it later turns out that the wrong form was chosen — making changes in practice usually means a new application with new fees and a new waiting period. That is why it is worth taking care to make this choice carefully beforehand, rather than correcting it afterwards.
Are you uncertain whether your name, your logo, or both separately deserve protection? Take the free quick-scan via the page where we work out per situation what is needed or read further in the knowledge base — both are free and without obligation.