Written by Jan Buza
Co-founder of Trama
Generally, implicit protection means that all of the dominant elements of your trademark are protected, but not fully. This mostly applies to those cases where an applicant files a semi-figurative (combined) mark. Such marks consist of 2 main types of elements - visual and verbal. There might be multiple visual or verbal elements together in one logo.
If someone uses one of the dominant elements of your mark, you are still protected. However, this is very case-dependent as the element must be very similar or identical to your mark and must cause confusion between the two brands. Hence implicit protection, where the level of protection depends on a concrete case.
If the copied element is generic or possesses a low level of uniqueness, you are very unlikely to stop the third party from using it.
Will a change of font have an impact on word mark registration?
Shall we register a word trademark, image trademark, or a combination?
What requirements must a mark meet to be eligible for registration?
What extra costs can occur during the trademark registration process?
Does the inclusion of a space " " in the word make any difference in trademark registration?
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