What is a standard character trademark?
The USPTO offers two ways in which one can apply for a trademark. The first option is a standard character trademark application where the mark is simply typed out using the standard characters found on a keyboard. If the mark has elements of design or any graphics, then a design mark application may be filed.
Need to get a trademark registered? Contact US patent and trademark attorney Vic Lin at vlin@icaplaw.com to explore working with us.
Does a standard character trademark application mean that the mark cannot have any design or style?
A standard character trademark application does not necessarily mean that the mark that is actually used must be completely devoid of any design or style elements. For example, standard character trademarks may include a variety of different fonts.
In its Trademeark Manual of Examining Procedure, the USPTO states in TMEP Section 807.05 that if a mark remains the same in essence and is recognizable regardless of the form or manner of display that is presented, displaying the mark in standard character format would be efficient.
Trademark owners will generally have a wide range of flexibility when it comes to filing standard character trademark applications.
When is it necessary to file a design mark application?
A design mark application would be required in certain instances where certain stylistic elements are involved. For example, a mark that includes any graphic images or symbols should be filed as a design mark application.
Creative trademarks will sometimes substitute a letter with a graphic image. For example, suppose a trademark replaces the uppercase letter “T” with a graphic of a tree. Such a mark would not be filed as a standard character application.
Does the font matter in a trademark application?
Generally, the font would not matter in a trademark application involving standard characters. As long as the spelling of the mark in use matches the trademark applied for, then such usage would support a standard character application regardless of the font.
However, a mark might not qualify as standard characters if certain letters are represented in such a stylistic way that they no longer look like letters.
Does uppercase or lowercase matter in standard character format?
In the old days before trademark applications were electronically filed, standard character format was indicated by a typed trademark where all letters in the mark were shown in UPPERCASE. Even now when trademark applications are typically filed electronically, the use of uppercase lettering simply indicates that the mark is being filed in standard characters.
Our firm prefers to file standard character applications in uppercase. Applicants are not required to use all uppercase letters when the mark is used in commerce.
What if a mark includes design elements or stylistic features?
When a mark includes design elements beyond merely the font, there is a good probability that a design mark application may be appropriate. For example, a design mark application may be appropriate when the mark includes a graphic that is not separable from the words.
What if a mark has color?
Colors are not claimed in a standard character trademark application. This means that the applicant may use the mark in commerce in whatever colors they wish.
On the other hand, a design mark application may be filed in with or without a color claim. Generally, a design mark application filed without a color claim will give the applicant flexibility in using the mark in any colors.
When a design mark is filed in color, the applicant must specify the colors present in the mark. Moreover, the applicant must make sure to use the same colors in the exact manner as the mark applied for.
What if you file the wrong type of trademark application?
Several things can go wrong when you file the wrong type of trademark application. Not all errors can be fixed.
In some cases, you might need to file a new trademark application. When that happens, you lose not only the money spent on your first application, but, more importantly, the earlier filing date. By filing again several months later, you will face a greater risk of trademark applications for similar marks being filed before your second application.
A later filing date increases the risk of suspension, which can last for years as you await the outcomes of earlier-filed applications.
