How many trademark applications should I file in Canada if my trademark includes design elements?

The number of trademark applications you should file depends on your mark's features, your budget, and the level of protection you desire in Canada.

If your trademark has unique text and design elements (like graphics or logos) and you want to protect both, we suggest filing two trademark applications: one for the text alone (as a "Word Mark") and another for the combined text and design (as a "Combined Mark").

Filing two trademark applications offers several benefits:

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  Wider and stronger protection: If someone else files a "Combined Mark" with similar text but a different design, their mark might still be registered if you only filed a "Combined Mark" and not a "Word Mark." This is because their mark is seen as different from yours overall.

  
  


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  Protection for logo changes: Companies often change their logos. If you only file a "Combined Mark" and not a "Word Mark," your updated logo won't be protected. You must use your trademark exactly as registered, or it could be canceled.

  
  


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  Complete verbal and graphic protection: Filing a "Word Mark" gives you more flexibility to use your mark in different styles, like stylized text or various designs (as long as they aren't too similar to others' registered trademarks). At the same time, filing a "Combined Mark" protects your design elements.

  
  

If your trademark also includes a slogan or a unique design symbol, consider filing separate applications for each to ensure extra protection.