Should I register my logo, my name, or both?

"I have a logo and a business name - which one should I register?"

It's one of the most common questions we get from business owners, and it's a good one. The answer depends on your budget, how distinctive your name is, what competitors are likely to copy, and the nature of your business.

The short answer

If you can afford to register both, that's usually the best approach. A word mark protects your name in any visual form, and a logo mark protects the specific design. Together, they give you the most comprehensive coverage.

But if you need to choose one, the right call depends on your situation.

For a deeper explanation of the difference between the two types of marks, see our guide on word marks vs logo marks.

Scenario 1: You have a distinctive name

If your business name is an invented word, an unusual combination of words, or otherwise distinctive, a word mark is usually the best starting point.

A word mark gives you the broadest protection. It covers the name regardless of how it's displayed - any font, colour, or style. If a competitor uses the same or a similar name, you're in a strong position to take action, even if their branding looks nothing like yours.

Examples of distinctive names include invented words (think Spotify, Zillow) or existing words used in an unexpected context (think Apple for technology, or Amazon for retail).

If your name is strong enough to stand on its own, prioritise the word mark.

Scenario 2: You have a descriptive or common name

If your business name describes what you do or uses common words in your industry, a word mark application may face objections during examination. The examiner may find that the name is not distinctive enough to function as a trade mark on its own.

In this situation, a logo mark (also called a composite mark) may be the more realistic option. The design element adds distinctiveness, which can help the application get across the line.

However, it's worth pausing to consider the bigger picture. If your name is too descriptive to register as a word mark, it may also be difficult to enforce against competitors - even with a logo registration. A descriptive name gives you a narrower scope of protection.

If you're in this position, it might be worth considering whether a more distinctive name could serve your brand better in the long term. See our guide on how to choose a good trademark for tips.

Scenario 3: Both are important to your brand

For many businesses, the name and the logo are both central to the brand identity. Customers recognise the name when they hear it, and they recognise the logo when they see it.

If that's your situation, registering both is the way to go. Each application is a separate filing with its own costs, so you're looking at roughly double the investment compared to a single filing. But the combined protection covers you from more angles.

For a breakdown of the costs involved, see our guide on how much it costs to register a trade mark.

Consider your industry and how customers find you

The type of business you run can also influence the decision.

Digital and online businesses

If your business primarily operates online - e-commerce, apps, SaaS, social media - copycats are more likely to mimic your visual identity than your exact name. They'll use similar colours, layouts, and design cues to create confusion in the minds of your customers.

In this environment, a logo mark has particular value because it protects the visual elements that customers recognise on screen.

Brick-and-mortar businesses

For physical retail, hospitality, and service businesses, customers tend to remember and refer to your business by name. Word-of-mouth referrals are based on the name, not the logo.

In this context, a word mark is often more important, because the name is the primary identifier customers use.

Both types of business

Of course, most businesses operate in both the physical and digital worlds to some extent. That's another reason why filing both marks - where budget allows - gives you the strongest position.

Frequently asked questions

If I can only afford one filing, which should I choose?

As a general rule, if your name is distinctive enough to register as a word mark, start there. It gives you the broadest protection. If the name is too descriptive or common to register on its own, a logo mark is the more practical option.

Can I file a word mark and a logo mark at the same time?

Yes. They are separate applications, and each will go through the examination process independently. There's no requirement to file one before the other.

Does registering my business name with ASIC protect it as a trade mark?

No. Registering a business name, company name, or domain name does not give you trade mark rights. Trade mark registration is a separate process and provides a different (and generally stronger) form of protection. You can register your trade mark through IP Australia.

Need help?

If you're not sure which type of filing is right for your business, we can help you work through the options. Get in touch for advice on your trade mark registration strategy.

Please note, the information in this article is general in nature and is not legal advice. You should seek independent legal advice tailored to you and your circumstances.