A fashion brand filing a single trademark application for its name and logo together usually protects less than it thinks. Nike, Adidas and McDonald’s all file separate registrations for the word itself and the visual mark built around it, and the reason comes down to a distinction the USPTO treats as two entirely different kinds of property.
What a Word Mark Actually Protects
A word mark, which the USPTO calls a standard character mark, protects the wording itself regardless of font, size, color or styling. Nike’s registration for the word NIKE carries Registration No. 1,214,930, granted in 1982, and that single registration covers the word in any typeface, any color, and any capitalization the company chooses to use going forward. A word mark is the broadest protection a brand can get for its name specifically because it protects the letters themselves rather than any particular way of drawing them.
What a Design Mark Actually Protects
A design mark, called a special form mark by the USPTO, protects the exact visual presentation filed with the application, not the underlying words. Design mark protection stays narrow by design, covering the specific font, arrangement and color scheme exactly as submitted. Even a small change can push a logo outside what the original registration covers. A brand that files a design mark with a blue logo and later switches to red no longer has that design mark covering the new version, since the registration only protects the colors actually claimed in the application. Moving a brand name from above a graphic to beside it can trigger the same problem, since the USPTO treats the relative position of the elements as part of what got registered.
Why Fashion Brands Need Both
Nike’s Swoosh shows why a design mark sometimes has to stand entirely on its own. The Swoosh contains no letters at all, so it could never be protected as a word mark no matter how the application was drafted. Nike registered the Swoosh separately from the word NIKE, giving the company two independent registrations that each cover a different asset: one for the name in any form, one for a specific curved shape that carries meaning with zero text attached. A brand relying on a single combined filing risks losing protection over exactly the piece that made the mark valuable in the first place, whether that piece turns out to be the name or the graphic.
What Happens When a Brand Rebrands
Burberry’s 2018 rebrand shows the practical stakes clearly. The company dropped its longstanding equestrian knight crest in favor of a plain sans-serif wordmark, a redesign that reportedly divided opinion among longtime customers. A brand holding only a design mark tied to the old crest would have watched that specific registration turn largely irrelevant the moment the new logo launched, since the special form protection never extended past the exact image filed. A word mark for BURBERRY itself, protected in standard characters, would carry straight through a redesign like that without requiring a single new filing, because the wording never changed even though the surrounding artwork did. Fashion Law Journal has covered how quickly a rebrand can outrun the legal clearance meant to protect it, and the same logic applies here in reverse: a brand redesigning its logo needs a fresh look at whether its existing design mark registration still covers anything real once the old artwork retires.
The Cost Side of Filing Both
Filing a word mark and a design mark separately means paying the USPTO’s $350 per class base fee twice rather than once, since each application gets examined and registered independently. That doubled cost still buys real flexibility. A brand holding both registrations can redesign its logo as often as it wants without touching the word mark’s protection, and can restyle how the name appears in marketing without ever needing to refile the design mark that covers the actual graphic. Paying for one filing to save the other fee usually costs more later, once a rebrand or a font change leaves half the brand’s actual identity sitting outside what either registration still covers.
Two Assets, Two Filings
A name and a logo function as two separate assets under trademark law, and treating them as one combined filing usually means picking which half of the brand gets the weaker protection. Word marks travel with a brand through every rebrand, font change and color update that follows. Design marks stay locked to the exact image on file the day it was submitted. Fashion brands that understand the difference file both, because the alternative is discovering which one they actually needed only after a redesign has already made the choice for them.
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