Is it safe to register only a word trademark?

Question

Startups

Good day to all. The situation is as follows: there is a need to register a trademark (hereinafter - TK). The procedure for registering one trademark with the involvement of lawyers who save the common man from bureaucracy costs about 45-50 thousand rubles. With money, as is usual with startups, things are so-so.

Accordingly, the problem is: there is a name of the planned brand - let's say "Kustik" (for the sake of an example). On the site and in the applications of the startup, it is planned to use a <picture><word> logo, like Pyaterochka, where the picture (five) comes first, and then the word (five). I understand that they have both a picture and a word separately registered as a TK. And most likely everything together is also registered as another TK.


So, I’m trying to figure out if it’s possible, at least in the first 1-2 years of a startup’s activity, to get by with just a verbal TK "Kustik", without fear that a patent troll will come, register as a TK the same picture that we have been using all this time and start to present something. Or, let's say, it registers as a TK an image that contains both the word "Bush" and this unprotected image. Is it worth it to be so afraid of delaying the release of a startup or verbal technical specifications should be enough? The domain, by the way, looks like <bush>.rf. I hope for constructive and competent arguments.

PS: before going to the Toaster, I tried to dig up the answer to the question on the Internet, but the event was unsuccessful.

Answer 1

Can. Even if someone registers a picture, you can change it and register another one (the same Pyaterochka and the X5 holding have already done this. Rebranding happens sooner or later, but the names remain.

Answer 2

Thanks to all. It was decided to get by with the registration of a verbal trademark.

Answer 3

If your picture is confusingly similar to the picture of the brand under which you make your picture = 100% lawsuit from the copyright holder. The same applies to a domain name similar to a product under TK.
If you want to protect yourself - apply to the trade mark registration authority and you will find out what and how it will be for you. While the application is being considered, you can work under your picture. However, if you are denied with a wording like “already has it”, then you are a plagiarist from the moment you use it, i.e. from the time you submit your application.

patent troll,

, as well as to all other lawyers / lawyers, it doesn’t matter to us whether you are a startup or with a billion turnover, we will sue and sue turning you into slaves of our customer.