Registration marks in logo mark design - do you really need 2 (for name and tagline)?

[Designr]

If a company's name and tagline are both registered trademarks, does the logo design mark need to contain two registration (R) marks, one for the name and one for the tagline? Or is one (R) mark sufficient? I've looked everywhere for an answer to this question and oddly, I haven't found anything on this. From a designer's standpoint, I would really like to keep it to just 1 because 2 would clutter up the logo design mark. But I'm interested in hearing from a legal standpoint as to what should be done.

What is the name of your state (only U.S. law)? PA

 

[quincy]

If a company's name and tagline are both registered trademarks, does the logo design mark need to contain two registration (R) marks, one for the name and one for the tagline? Or is one (R) mark sufficient? I've looked everywhere for an answer to this question and oddly, I haven't found anything on this. From a designer's standpoint, I would really like to keep it to just 1 because 2 would clutter up the logo design mark. But I'm interested in hearing from a legal standpoint as to what should be done.

What is the name of your state (only U.S. law)? PA

You do not need to use the mark at all, if you do not want to.

What the ® provides is notice to all that the mark has been registered with the USPTO. This notice to the public allows for the trademark holder to collect treble damages or the infringer's profits, should the mark be infringed. Without the ® and in order to collect, a trademark holder must prove the infringer knew the mark was in use and registered.

 

[Designr]

Clarification on question....

Thanks so much for the reply, it is much appreciated.

The company has been using their logo with the company name and tagline for over 10+ years in their logo mark, correspondences, marketing materials, etc. Currently their logo contains one (R) mark after the company name, and nothing after their tagline. But they want to add another (R) mark after the tagline, because the company wishes to protect the rights to their tagline. I want to consult them to not do this from a designer's point of view, as it would clutter the logo.

My question:
Can the one (R) mark after the company name in the logo, legally protect both the company name AND tagline? I realize you're not legally required to put any (R) marks on the logo. This is more a question of how protected the tagline would be... In other words, does putting an additional (R) mark after the tagline give the company better legal standing to take recourse should competitor should try to use or steal their tagline. Or is this unnecessary?

 

[quincy]

Thanks so much for the reply, it is much appreciated.

The company has been using their logo with the company name and tagline for over 10+ years in their logo mark, correspondences, marketing materials, etc. Currently their logo contains one (R) mark after the company name, and nothing after their tagline. But they want to add another (R) mark after the tagline, because the company wishes to protect the rights to their tagline. I want to consult them to not do this from a designer's point of view, as it would clutter the logo.

My question:
Can the one (R) mark after the company name in the logo, legally protect both the company name AND tagline? I realize you're not legally required to put any (R) marks on the logo. This is more a question of how protected the tagline would be... In other words, does putting an additional (R) mark after the tagline give the company better legal standing to take recourse should competitor should try to use or steal their tagline. Or is this unnecessary?

If the logo and slogan have been used in connection with each other for over ten years and were registered together, it should be fairly easy for the trademark holder to prove that others know it is owned, should the slogan be infringed. Once a mark is registered, an infringer is already unable to use "innocent infringement" as a defense to any unauthorized use of the mark.

That said, unless the tagline is distinctive on its own and is recognized by consumers on its own as identifying the company, it can be important from a collectable-damages standpoint to use the ® whenever the slogan is used, especially if the slogan is used separately from the logo and name.

The names, logos and slogans of a company when used in commerce over a long period of time generally provides a trademark holder with all of the protection needed to prevent others from infringing, or to stop any infringement, whether the mark has been registered or not. The identifiers generally become connected in consumers' minds with the company, product or service. Registration of the mark and the use of the ® symbol provides additional insurance for the trademark holder by putting the public on notice that all are protected.

In other words, it is up to the trademark holder whether to use the ® after the slogan or not.

 

[Designr]

That answers my question

Thank you so much, this has been so helpful!! I'm going to confirm with the company how they've registered the trademarks (separately, together)...

 

[quincy]

Thank you so much, this has been so helpful!! I'm going to confirm with the company how they've registered the trademarks (separately, together)...

Sounds like a plan.