Do we file combination mark (word and device) or file separately?

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(Author: Dr. Jian Xu, China IP Attorney/Blogger)

On the strategy of filing combination mark (word and device) or filing separately as trade marks, there are usually three perspectives.

From trade mark infringement perspective, we would suggest filing the word mark and the device mark separately, which affords larger protection scope.

From trade mark prosecution perspective, we would suggest filing the combined word & device mark, which is more distinctive against prior marks.

From trade mark use perspective, we would suggest filing the trade mark version as used, which minimises the risk of non-use cancellations.