Word Mark vs Figurative Mark
Which type of trademark is right for your brand? Definitions, examples, and key differences.
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Word Mark (Text Only)
Definition: A word mark consists exclusively of letters, numbers, or standard characters. It is not graphically designed or colored. Examples: “Apple” (in all common fonts), “BMW,” “Liebe.” The German Patent Office explains: The subject of protection for a word mark is solely the chosen character sequence itself, in all common typefaces and sizes. Scope of protection: A registered word mark protects the word itself – regardless of font or color. For example, the word mark “HANS” in Class 10 covers “HANS” in uppercase, lowercase, bold, italic, etc. Advantage: Very flexible, since every spelling style is covered. You have exclusive rights to the word itself. Disadvantage: If the word is very descriptive (e.g. “BAKERY” for bakery products), it may be harder to protect. It must be distinctive.
Figurative Mark (Graphics Only)
Definition: A figurative mark consists solely of graphic elements, lines, shapes, colors, etc. – without recognizable text or letters. Examples: The Nike Swoosh, the McDonald’s arches, or Chinese characters when treated as design objects. Scope of protection: The exact graphic appearance is protected. If you change the design or graphic, protection may lapse. Since no words are protected, other companies may use the same words as long as they use different graphic marks. Advantage: Ideal if your brand relies heavily on a logo/image (symbol, emblem, color scheme). Protects “the form” of the mark. Disadvantage: Protection is limited to the specific registered design. If a figurative mark is based on a descriptive word, you generally cannot prohibit use of the word alone.
Word/Figurative Mark (Combined)
Definition: These contain both word and image elements in one sign. Example: The Coca-Cola logo with its script and curved line. It can also be lettering in a distinctive typeface, arrangement or color. Scope of protection: The overall impression of the combination is protected. The level of protection covers only the combined design. This means: If you only file a word/figurative mark, the word part and the design are protected together. But: The pure word sequence is only protected if it was independently protectable. Example: If “FreshGear” is registered as a word/figurative mark in a striking font, a third party could still register “FreshGear” as a pure word mark if “FreshGear” is generally distinctive. Conversely: A designed version (“FreshGear” in a logo) is protected even if the word element alone would not be protectable (e.g. if it is descriptive). Advantage: Dual protection – special design + text. Risk: If the mark contains generic words, its distinctiveness decreases. The DPMA warns that a word/figurative mark carries risks of trademark loss through non-use of the logo, e.g. if only the word is used.
Examples
• Apple: As the word mark “Apple” (for electronics), it protects the English word in any spelling style. As a figurative mark, the bitten apple protects only the logo design. The word mark “Apple” does not inherently prohibit all designs with apples, but it blocks the pure wordmark. • McDonald’s: “McDonald’s” as a word mark protects the word. The golden arches are protected as a figurative mark – nobody may use “mcdonalds” as a text mark (due to the word mark), but someone could file a simple M as an image if it were distinctive enough. • VW: “Volkswagen” is a word mark. The stylized VW logo is a figurative mark. Both complement each other.
Protection Scope and Application
• Word mark search: If you want to register a word mark, search for identical words across all common typefaces. Also watch for similarly sounding words or spellings (e.g. for English marks). • Figurative mark search: For logos, try to search for graphically similar motifs (which is difficult on its own). Alternatively, search for the word component or descriptive elements (“flag,” “sail,” etc.) if the name is figurative. • Word/figurative mark strategy: Often it’s worth filing both: a word mark for the sign as such, and a word/figurative mark (or separate figurative mark) for the logo. German case law states: A non-registrable word part of a word/figurative mark does not create prohibition rights against pure word use. A word mark protects the sign as a word, a figurative mark protects only the graphic. A word/figurative mark protects exclusively the combination. Depending on your marketing strategy, filing as a word mark alone may make sense (maximum flexibility), as a figurative mark (logo-focused), or ideally both in parallel. The key principle: The more generic a word is, the stronger the design must be for a word/figurative mark to be registrable. Start with the word element: check now whether your name is already registered as a word mark.
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