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Is font considered a unique element in trademark registration?
Written by Igor Demcak
Founder & Trademark Attorney
To answer whether a font could be considered a unique element, we have to distinguish between word marks and figurative marks.
Word marks typically protect the text itself regardless of font or any stylisation. The distinctiveness of a word mark comes from the word(s) themselves. If the word mark is not inherently distinctive, a unique font alone may not be sufficient to increase its chances of being registered.
In contrast, for a figurative (logo) mark, the combination of textual and design elements is taken into consideration. A figurative mark primarily protects the final visual presentation achieved by the combination of the mark's elements. Here, a unique font can contribute to the overall distinctiveness and registrability of the mark and distinguish the mark from others in the marketplace.
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