Should I Trademark My Logo or My Business Name?

A Complete Guide to Trademark Registration in India

When establishing a business, protecting your brand is just as important as building it. One of the most common dilemmas faced by entrepreneurs is whether to register a trademark for the business name or the logo. With increasing competition and brand imitation, understanding the nuances of trademark registration in India is essential for securing your brand identity.

In this article, we’ll explore what trademarks are, the difference between name and logo registrations, and the best course of action to protect your brand in India.

Understanding Trademarks: Name vs. Logo

Before diving into which one you should register, it’s important to understand what each type of trademark protects:

1. Trademarking a Business Name

A business name trademark is registered as a standard character mark. This type of registration covers the name regardless of how it’s presented—font, color, or design do not matter. Whether you write the name in bold letters, cursive script, or colorful graphics, the protection remains the same.

The key advantage of registering your business name is broad legal protection. You can use the name in various formats or designs, including different logos or promotional material, without needing to re-register the trademark.

2. Trademarking a Logo

A logo trademark, also called a device mark or design mark, protects the specific design element—be it symbols, stylization, or colors. This form of protection is limited to the visual elements of the logo itself. Any major design alteration in the future could require a new application.

Registering a logo is particularly beneficial for businesses whose visual identity is central to brand recognition, like fashion brands or digital products with symbolic icons.

Trademark Registration in India: Legal Framework

In India, trademarks are governed under the Trade Marks Act, 1999, and administered by the Office of the Controller General of Patents, Designs and Trade Marks. A registered trademark gives you:

• Exclusive rights over the mark
• Legal remedies in case of infringement
• Nationwide protection
• The ability to use ® symbol
• Brand recognition and customer trust

You can register a name, logo, slogan, sound, or even a color combination. However, choosing what to register first—name or logo—depends on your brand strategy and business goals.

Should You Trademark Your Name or Logo First?

This is one of the most frequently asked questions when starting the trademark process. The answer isn’t always simple—it depends on your priorities, budget, and brand strategy.

✔ Why Business Name Should Come First

In most cases, your business name is your most valuable asset. It is what customers remember, search for online, and refer to when discussing your brand. In India, registering your business name as a standard character mark provides maximum flexibility and protection.

Advantages of registering a business name include:

• Protection regardless of how the name is stylized
• Freedom to redesign the logo without re-filing
• Stronger brand identity and legal defense

Since logos and design elements often evolve over time, starting with your business name ensures your core brand is protected from the beginning.

✔ When Logo Registration Takes Priority

There are cases where a logo plays a more prominent role than the name. For example:

• A symbol-based brand with no text
• A unique design that carries distinct market recognition
• An icon that differentiates you from competitors

If your brand identity heavily relies on a unique visual symbol, trademarking your logo is crucial.

What If My Logo Includes My Business Name?

When your logo contains your business name, it becomes a composite mark. In such cases, the trademark application protects both the textual and visual elements together, but only in that exact design format.

This means if you later update your logo’s design or layout, you may need to file a new trademark. While a composite mark offers combined protection, it lacks the flexibility that a standard character mark provides for the business name alone.

Best Practice: Register Both If Possible

For comprehensive protection, the ideal approach is to file two separate applications:

1. One for your business name (standard character mark)
2. Another for your logo (design mark)

This dual protection ensures:

• Flexibility in branding decisions
• Stronger legal protection in case of infringement
• Full control over your brand’s evolution

However, if budget or timing restricts you, start with the business name. It provides broader rights and is more future-proof.

The Importance of Trademark Registration in India

Whether you’re a startup or an established company, trademark registration in India is more than a legal formality—it is a critical business strategy. Here’s why:

• Prevents Brand Theft: A registered trademark gives you the power to stop others from using confusingly similar names or logos.
• Builds Consumer Trust: It enhances credibility and reassures customers that your brand is authentic.
• Supports Business Expansion: Trademark rights can be extended to other countries, franchised, or licensed for revenue.
• Increases Asset Value: A trademark becomes a valuable intangible asset that adds value to your business.

Without registration, your business is vulnerable to infringement, imitation, and loss of reputation.

Conclusion: Protect What You Build

Trademarking is not just about names or logos—it’s about protecting the hard work, creativity, and identity behind your brand. If you’re navigating the decision between the two, prioritize trademark registration for your business name in India, followed by your logo.

At Lex Protector, we assist entrepreneurs, startups, and growing businesses in securing their intellectual property with strategic trademark filing services. Whether it’s your name, logo, or both—our legal experts ensure your brand is safeguarded for the long run.