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Does a figurative trademark have to include text?

Founder & Trademark Attorney

No. A figurative trademark can consist entirely of visual elements: an icon, graphic design, illustration, or abstract image with no text whatsoever. Many well-known trademarks are purely visual (the Nike swoosh, the Apple logo, the Lacoste crocodile).

Whether to include text in a figurative mark depends on the brand's identity and what is being protected. A mark that combines a visual element with the brand name protects both together as a combined mark; a purely visual mark protects the image alone.

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