Stylized marks with literal element: are all individually protected under the same tm

What is the name of your state? NJ

I apologize in advance that I couldn't locate this
answer elsewhere on your website.

Say I have a stylized mark with literal elements, ie,
a darkened oval with the words "Jubbu" in it, all
attached to the letter J. Are all the elements
protected separately under the trademark application
or only when presented as a whole. For example, could
I extract the word "Jubbu" and place it without the
oval/letter J and still afford the same trademark
protection or must I file separately for only the word
"Jubbu"? Conversely, could I use these 3 elements
[oval, letter J, "Jubbu"] in a differently presented
design element and still have the trademark protected?

Thanks in advance.

Say I have a stylized mark with literal elements, ie,
a darkened oval with the words "Jubbu" in it, all
attached to the letter J. Are all the elements
protected separately under the trademark application
or only when presented as a whole.

Click to expand...

It depends on how your presented your application. If you just included a drawing of the entire figure without specifying the elements separately, then the trademark is for the stylized mark, and not for any sub-component of the mark. You can look here: http://www.uspto.gov/web/offices/tac/doc/basic/appcontent.htm
for more info.

For example, could
I extract the word "Jubbu" and place it without the
oval/letter J and still afford the same trademark
protection or must I file separately for only the word
"Jubbu"?

Click to expand...

You have to claim protection for the name without the stylization separately. Further, the name without stylization may be more difficult or even impossible to obtain protection for without the design elements -- it depends on how creative the name itself is.

Conversely, could I use these 3 elements
[oval, letter J, "Jubbu"] in a differently presented
design element and still have the trademark protected?

Click to expand...

No. The purpose of trademark protection is to create a "mark" that identifies a product or a service. That's why you have to provide the USPTO with a complete drawing. If you want to have protection for multiple designs, you will need to apply for protection for each different design.

Two marks superimposed

Thanks for the link and information.

One last question: If I have two marks that are protected under trademark, with the elements also having protection, then can I superimpose these two individual marks onto each other creating a new "mark", and still have the two individual trademarks carry over into this new "mark"?

If I have two marks that are protected under trademark, with the elements also having protection, then can I superimpose these two individual marks onto each other creating a new "mark", and still have the two individual trademarks carry over into this new "mark"?

Click to expand...

This is going to depend on the specific facts of the marks in question, but the answer is most likely not. The idea behind trademark protections is to have manufacturers or sellers create a "brand" by having a "mark" that immediately identifies the product in the minds of the consumer. So, a "swoosh" would mean "Nike" to most people, and a blue bowtie means "Chevy" to most people, but what does a "swoosh" on a blue bowtie mean? That's why each mark that you are trying to protect has to be pursued separately -- you must be able to create a unique identity with each mark.