From Name to Sound: Which Trademark Should You Choose for Your Business?
Choosing a trademark type is not just a formality, but a strategic decision that defines the boundaries of your brand protection. A wrong choice can leave key elements of your identity vulnerable. In this article, we will break down all types of trademarks — from classic word marks to unconventional sound marks — and provide a practical toolkit so you can choose the optimal option for your business, using examples from well-known Ukrainian and global companies.
Classic Trademarks: The Foundation of Brand Identity
Let’s start with the most common types of trademarks, which serve as the foundation for most brands. These designations — names and logos — are what most often come to mind when we hear about a company’s identity. As we explained in detail in our main article “Trademark: Everything an Entrepreneur Needs to Know to Protect a Brand”, these elements are the key identifiers of your business in the market. Professional trademark registration always begins with analyzing and selecting one of these classic types, as the scope of legal protection depends on it. Below, we will analyze each of them in more detail so you can understand their strengths and weaknesses.
Word Trademarks: The Power of a Single Word
A word trademark protects the name of your company, product, or advertising slogan in text form, without any graphic elements. It can be a single word, a phrase, or even a sentence. By registering a word trademark, you gain the exclusive right to use that specific name in your field of activity. Prominent examples in Ukraine include “Rozetka,” “Nova Poshta,” and “Monobank” — these names are instantly associated with specific companies and their services.
However, this type of trademark has its pros and cons:
- Pros: Strong and unambiguous protection of the name itself, regardless of font or color. Such a mark is easy to remember and use in communications.
- Cons: High probability of refusal if the name is descriptive or generic. For example, you cannot register the trademark “Shoe Store” for selling shoes, as such a name simply indicates the type of activity and lacks distinctiveness.
Thus, a word trademark is ideal for unique, invented names. But what if the main identifier of your brand is not a word, but an image?
Figurative Trademarks: A Picture is Worth a Thousand Words
If the main identifier of your brand is not a word but a visual image, you should consider figurative trademarks. This can be a logo, emblem, mascot, or any other graphic element without accompanying text. Such marks appeal directly to the consumer’s visual memory, creating an instant emotional connection.
World-famous examples prove the power of this approach:
- Apple’s bitten apple: This symbol is recognized anywhere in the world, even without the company name.
- Nike’s “Swoosh”: The dynamic checkmark has become synonymous with sports and victory.
- Lacoste’s crocodile: A small image on clothing instantly communicates the origin and quality of the product.
A key legal nuance you should know: a figurative trademark provides protection exclusively to the visual image. The name of your company or product remains unprotected. If a competitor uses a similar logo, you can defend your rights. But if they start using your name with a different logo, this type of trademark will not help you. Therefore, this option is an effective intellectual property protection tool for entrepreneurs whose business is built on a strong visual symbol. But what if both the name and the logo are equally important to you?
Combined Trademarks: The Best of Both Worlds
When you are not ready to choose between a name and a logo, a combined trademark is the optimal solution. It is the most popular and versatile among all types of trademarks, as it combines word and figurative elements in one composition. Most logos you see every day are combined: the golden arches with the name “McDonald’s,” the siren in a circle with the inscription “Starbucks,” the red square with white letters “MEGOGO.”
The main advantage of this type is comprehensive protection. You register a single object that customers see on your website, packaging, or in advertising. This is convenient for both the business and the consumer, who remembers your brand as a holistic image. However, there is an important legal detail here: protection is granted to the entire composition as a whole, in the form in which it is registered. This means that if you decide to use the name or the graphic element separately, they may not have independent legal protection.
For example, if you registered the logo “My Coffee Shop” with an image of a coffee cup, you cannot prevent someone else from opening an establishment called “Your Coffee Shop” with a teapot logo. To avoid such risks of an unregistered trademark in its individual elements, large brands often register both the combined mark and its parts separately. However, for many companies, especially at the start, registering a combined trademark is a reliable and balanced step. Such an approach provides basic intellectual property protection for entrepreneurs, but the world of branding is not limited to just text and pictures.
Unconventional Trademarks: How to Stand Out in the Market
Having reviewed the classics, let’s move on to more exotic but extremely powerful branding tools. Unconventional trademarks help create a unique customer experience, engaging not only sight but also hearing, touch, and even smell. These types of trademarks best illustrate the point from our main article that almost any designation can be registered if it is capable of distinguishing your goods or services from others.
Registering such marks is a legal high-wire act. You will have to prove to experts at the IP Office (Ukrainian National Office for Intellectual Property and Innovation) that the shape of your product, your brand jingle, or even a color has acquired distinctiveness and is firmly associated by consumers specifically with your brand. An experienced lawyer will help you assess the chances of success and conduct the registration procedure for this type of trademark. Next, we will break down how shape, sound, and color can become your officially protected asset.
3D Trademarks: When Shape Matters
A 3D (three-dimensional) trademark protects the three-dimensional shape of your product or its packaging. If the design of your product is so unique that consumers recognize it on the shelf even without a label, this type of trademark can become your powerful asset. This is one of the most interesting, albeit complex, types of trademarks.
Classic examples that prove the effectiveness of such protection are:
- Coca-Cola’s contoured bottle: Its contours are recognizable by touch, even in the dark. This shape is as much a symbol of the brand as its name.
- Toblerone’s triangular chocolate shape: The unusual shape of the bar with peaks has become an integral part of its identity and is protected as a 3D trademark.
However, obtaining such protection is extremely difficult. The main requirement of the IP Office is that the shape cannot be dictated solely by the functional purpose of the product. In other words, you cannot register the shape of a standard water bottle, as its design is dictated by convenience and manufacturing technology. Your shape must be original, have distinctiveness, and prove that consumers associate it specifically with your brand. This is an effective intellectual property protection tool for entrepreneurs, but it requires a serious evidentiary basis. But shape is not the only unconventional way of identification. What if your brand can be recognized by sound?
Sound Trademarks: The Jingle That Sells
If shape appeals to touch and sight, a sound trademark creates a strong connection with the brand through hearing. It can be a short melody, a brand jingle, or a unique sound effect that accompanies your advertising or product usage. You will definitely recognize these sounds, even with your eyes closed:
- Intel jingle: Just five notes that are instantly associated with technology and reliability.
- Windows startup sound: A signal familiar to millions of users around the world about the start of work.
- Classic Nokia ringtone: A melody that became a symbol of an entire era of mobile phones.
Key requirement for registration: the sound must be unique and non-functional. For example, you cannot register the ordinary sound of a doorbell for a company that manufactures them. It is important to understand the difference between copyright and a trademark: copyright protects the melody itself as a work from being copied, while trademark registration gives the exclusive right to use this sound to identify goods and services in a certain field. To submit an application to the IP Office, you will need an audio file and a graphic representation of the sound, for example, in the form of a musical staff. But if even a sound can be turned into a protected asset, is it possible to register something as abstract as a color?
Color and Other Exotic Trademarks: High-Level Expertise
We have reached the pinnacle of branding and jurisprudence in the field of intellectual property — the registration of a color or even a scent as a trademark. These are exceptionally rare but extremely strong types of trademarks that provide the highest level of protection against copying. It is impossible to register just “blue color,” because colors are public domain.
However, some companies have managed to prove that a certain shade has acquired extraordinary distinctiveness and is firmly associated exclusively with their brand in a specific category of goods:
- Tiffany Blue: The signature turquoise color of Tiffany & Co. is protected for jewelry boxes and bags.
- Cadbury/Milka purple: The characteristic shade of purple on chocolate packaging is also a registered trademark.
There are even isolated cases of scent registration, for example, the smell of freshly cut grass for tennis balls. The process of registering such trademarks is a legal challenge. You will have to provide the IP Office with exhaustive evidence (results of opinion polls, many years of usage history, advertising budgets) confirming that for the consumer, this color or scent is not just a characteristic, but a direct indication of the manufacturer. We have analyzed the entire palette of possible identifiers — from a simple word to a unique scent. Now it is time to systematize this knowledge and understand which protection strategy will suit your business.
Your Choice: A Checklist for Decision Making
We have reviewed the entire palette of trademarks — from familiar names to exotic scents. Now it is time to turn theory into practice and make an informed choice for your business. This section will help you structure your thoughts and determine the optimal protection strategy. A correctly chosen trademark type is not just a formality, but a foundation for your brand’s security, and what trademark registration gives in your specific case depends on it.
To help you with this, we have prepared practical tools. First, you will go through a short checklist to identify your brand’s key assets. Then, we will break down when one registration is enough and when it is worth building a complex “line of defense” with several trademarks. And finally, we will warn you about typical mistakes that can negate all your efforts.
Checklist: 5 Questions for Choosing a Trademark Type
To choose the optimal trademark type, it is important to honestly answer a few strategic questions. Your answers will become a roadmap for building reliable intellectual property protection for entrepreneurs. Go through this list to determine which element of your brand needs protection first.
- What is the core of your brand? Is it a unique name that is easy to remember? An original logo that attracts attention? Or perhaps an unusual packaging shape that distinguishes your product on the shelf? Identify the main identifier.
- How do customers most often identify you in the market? When people talk about you, what do they mention first — the name, the visual image, or perhaps a brand slogan? This will help you understand what is already working for your recognition.
- Which elements do you plan to use most actively in advertising? Analyze your marketing strategy. Where will the emphasis be in communications: on the name, the logo, or their combination? You should protect what you will be promoting.
- Do you have a unique slogan that is worth protecting? If your advertising motto is catchy, recognizable, and you plan to use it long-term, it may need separate protection as a word trademark.
- What protection strategy can you afford? Budget matters. Are you ready to invest in comprehensive protection of several objects at once, or do you need one reliable but universal solution at the start?
Answers to these questions will help you understand whether one combined mark is enough or if you should think about registering several objects.
Protection Strategy: One Trademark or Several?
After answering the questions from the checklist, you can move on to forming a strategy. The main question here is: should you register one combined mark or submit several applications for individual elements — name, logo, slogan? Each approach has its advantages, and the choice depends on your ambitions and resources.
Large brands almost always register several trademarks for maximum protection. A classic example is Nike. The company has separate registrations for:
- Word trademark: the name “Nike.”
- Figurative trademark: the famous “swoosh” logo.
- Word trademark: the slogan “Just Do It.”
Such an approach provides “bulletproof” protection. It gives the company flexibility in using each element separately and allows it to stop any unauthorized use of either the name or the logo. Registering several trademarks is advisable if each element of your brand has independent value and you plan to use them separately from each other.
For most companies, especially at the start, registering one combined trademark (logo + name) is an optimal and balanced solution. This reliably protects your main identifier in the form in which customers see it and allows you to avoid significant expenses. Such an approach minimizes the risks of an unregistered trademark and provides a solid legal basis for development. However, even after choosing a strategy, it is important not to make common mistakes that can weaken your protection.
Typical Mistakes When Choosing a Trademark Type
Even with a clear strategy, you can fall into traps that weaken the legal protection of your brand. Understanding these common mistakes will help you avoid wasting time, money, and, most importantly, exclusive rights to key elements of your identity. Here are the most common ones:
- Registering only a figurative logo, leaving the name unprotected. This is one of the most critical mistakes. You get protection for the picture, but anyone can register your name with a different logo and legally operate under it. This creates risks of an unregistered trademark for the most important asset — your name.
- Attempting to register a descriptive name as a word trademark. The IP Office will refuse to register designations that simply indicate the type of product, its properties, or quality (e.g., “Sweet Candies” or “Reliable Windows”). Such names lack distinctiveness and, therefore, cannot perform the main function of a trademark — to identify one manufacturer among others.
- Choosing an overly complex combined trademark whose elements cannot be protected separately. If your logo consists of many small details and several words, protection will extend only to the entire composition as a whole. This means that if a competitor takes one small but recognizable element of your logo, it will be extremely difficult to prove infringement.
Avoiding these miscalculations at the stage of choosing a trademark type is key to building a strong legal foundation on which your brand can safely grow and develop.
Your Trademark — Your Most Valuable Asset
Choosing the right type of trademark is a strategic investment in the recognition and security of your business. A correctly chosen and registered mark becomes an intangible asset that only increases in value over time, protecting your market share and reputation. Do not leave your brand defenseless — use our checklist to take the first informed step.
If you need help with analysis, choosing an optimal strategy, and subsequent registration, the BrandR team is ready to guide you through this process professionally and transparently. To learn more about what trademark registration gives, read our next article “10 Advantages of a Registered Trademark for Your Business”.
Frequently Asked Questions
Does Ukrainian trademark registration apply to other countries?
No, trademark registration in Ukraine grants exclusive rights to its use only within the territory of Ukraine. In other words, your protection is territorial. If you plan to enter international markets, you will need to register your trademark in each individual country where you want to do business and protect your brand, or use international registration systems. There are several mechanisms for this:
- National registration: Submitting separate applications to the patent offices of each country. This can be expensive and complex if there are many countries.
- Regional registration: For example, registration in the European Union (via EUIPO), which provides protection in all EU member states at once.
- International registration under the Madrid System: This is the most convenient and effective way to obtain protection in several countries simultaneously. By submitting one application to the World Intellectual Property Organization (WIPO) via the Ukrainian IP Office, you can specify a list of countries participating in the Madrid Agreement and Protocol where you wish to obtain protection.
When choosing a method of international registration, it is important to consider the scale of your business, target markets, and budget.
For what term is legal protection granted to a registered trademark in Ukraine and can it be extended?
Legal protection for a trademark in Ukraine is granted for 10 years, starting from the date of filing the application for registration with the IP Office. This is the standard term for most types of intellectual property.
However, the good news is that this term is not final. The trademark owner has the right to extend the validity of the certificate an unlimited number of times every 10 years. To do this, it is necessary to submit a corresponding petition to the IP Office and pay the state fee. It is important to submit the petition for extension of the certificate within the last 6 months of the previous protection term. If this deadline is missed, there is an opportunity to extend the certificate within the next 6 months after the expiration date, but with the payment of an additional fee for late filing.
Timely renewal of registration is critical for maintaining your exclusive rights. If the certificate is not renewed, the trademark enters the public domain, and any other person will be able to register and use it, which will lead to the loss of your brand and competitive advantages.
What legal consequences and liability are provided for the unauthorized use of a registered trademark?
Unauthorized use of a registered trademark without the owner’s permission (license) is an infringement of intellectual property rights and can lead to serious legal consequences for the infringer. Ukrainian legislation, in particular the Civil Code and the Law of Ukraine “On the Protection of Rights to Marks for Goods and Services,” provides for several types of liability:
- Civil liability:
- Cessation of infringement: The trademark owner has the right to demand that the infringer immediately stop using their mark. This can be a court order.
- Damages: If the owner has suffered material damage as a result of unauthorized use of the trademark, they have the right to demand compensation. This can include lost profits, costs for reputation restoration, etc.
- Compensation: Instead of damages (which are often difficult to prove), the owner can demand compensation, the amount of which is determined by the court within the limits established by law (e.g., from 10 to 50,000 minimum wages).
- Seizure of counterfeit goods: The court may order the seizure of goods, packaging, labels, and advertising materials on which the trademark is illegally placed.
- Administrative liability:
- Under certain circumstances, unauthorized use of a trademark can be classified as an administrative offense, for which fines are provided.
- Criminal liability:
- In the case of causing significant damage to the rights holder or if the infringement is committed repeatedly or by an organized group, criminal liability is provided (fines, correctional labor, imprisonment).
To protect their rights, the trademark owner must apply to the court, the State Customs Service (to stop the import/export of counterfeit goods), or the National Police. Having a registered trademark significantly simplifies and strengthens the owner’s position in defending their rights.
Why is conducting a preliminary trademark search a mandatory step before filing a registration application?
Although Ukrainian legislation does not oblige you to conduct a preliminary trademark search before filing an application, this step is critical and effectively mandatory from the point of view of strategic planning and resource saving. The search allows you to:
- Assess chances of registration: The main goal of the search is to identify identical or confusingly similar trademarks that are already registered or applied for registration for similar goods and services. If such marks are found, the IP Office will refuse your trademark registration. A preliminary search allows you to avoid refusal and save time and money that would have been spent on filing a “hopeless” application.
- Prevent conflicts: Even if your mark is registered, there is a risk that later another owner of an earlier registered, similar trademark will go to court with a demand to cancel your registration or prohibit its use. This can lead to expensive lawsuits and the need for rebranding. The search helps avoid such scenarios.
- Identify “dead” marks: Sometimes companies cease operations, but their trademarks are still listed in the registers. The search can identify such marks, which will give you the opportunity to consider using or even acquiring them.
- Refine the designation: If similar trademarks are found as a result of the search, you can make changes to your designation (e.g., change the logo design, add unique elements to the name) to ensure its distinctiveness and successful registration.
- Protect reputation: Using a trademark already registered by another person can create a negative association among consumers or cause accusations of plagiarism, which harms your brand’s image.
A professional preliminary search usually includes an analysis of IP Office databases, international registers, and even domain names, and is the most important investment in successful registration and long-term protection of your brand.
Is a trademark an asset that can be sold, inherited, or licensed?
Yes, absolutely! A registered trademark is a full-fledged object of intellectual property rights and one of the most valuable intangible assets of a business. It can be treated like any other company property, which opens up wide opportunities for commercialization and monetization.
- Sale (assignment of exclusive rights): The trademark owner has the right to sell it to another person (individual or legal entity). This is formalized by a contract for the transfer of exclusive property rights to the trademark, which is subject to state registration with the IP Office. After the registration of the new owner, all exclusive rights pass to them.
- Licensing (granting the right to use): The trademark owner can grant other persons permission to use it under certain conditions. This is formalized by a license agreement. The license can be:
- Exclusive: When the licensee (recipient of permission) receives a monopoly right to use the trademark in a certain field, and the licensor (trademark owner) cannot use it in that field themselves, nor grant licenses to others.
- Sole: The licensor can use the trademark, but cannot grant licenses to other persons in that field.
- Non-exclusive: The licensor retains the right to use the trademark themselves and grant licenses to an unlimited number of other persons.
License agreements may also be subject to state registration (although this is not always mandatory for their validity, it is recommended for the protection of rights).
- Inheritance: Like any other property, a trademark can be inherited by an individual.
- Contribution to authorized capital: A trademark can be contributed as an intangible asset to the authorized capital of a legal entity, increasing its book value.
- Pledge: A trademark can act as collateral for obtaining a loan or other financial obligations.
Thus, a trademark is not only a protection tool but also a powerful economic asset that can be effectively used for business development and scaling, as well as for attracting investment.
What are the advantages and features of international trademark registration under the Madrid System?
The Madrid System (consisting of the Madrid Agreement and its Protocol) is a unified mechanism for international trademark registration that allows you to obtain protection in many participating countries by filing only one application in one language and paying a single set of fees. It is administered by the World Intellectual Property Organization (WIPO).
Main advantages of the Madrid System:
- Saving time and money: Instead of filing separate applications in each country and paying for the services of local lawyers, you file one application through your national office (in Ukraine, this is the IP Office), specifying the desired countries of protection. This is significantly cheaper and faster.
- Simplified procedure: All communication with WIPO and selected countries takes place through a single central system. You receive one international certificate, which has the same legal force as national registrations in each specified country.
- Flexibility: You can add new countries to your international registration later, after its initial receipt, if your business expands.
- Single management system: Changes in the owner’s data (e.g., change of address) or transfer of rights to the trademark can be made through one application to WIPO, which automatically updates the data in all specified countries.
- Wide coverage: The Madrid System covers over 120 countries, which accounts for about 80% of world trade, including key markets in Europe, Asia, and America.
Features to consider:
- Dependency on the base registration/application: Your international application/registration depends on your national application/registration for the first five years. If the base registration is rejected, cancelled, or revoked, it may affect the international registration.
- Possibility of refusal: Each country where you have requested protection has the right to conduct its own examination and refuse registration on its territory if it finds grounds (e.g., already existing similar trademarks).
- 10-year validity term: International registration, like national registration, is valid for 10 years and can be extended indefinitely.
International registration under the Madrid System is an ideal solution for businesses that are planning or already operating in several foreign markets, offering an effective and economical way to protect intellectual property.
