PatentTrademarkBlog

Word Mark vs. Design Mark: What is a standard character trademark vs. a stylized logo?

    What is the difference between a word mark (standard character) and a design mark?

    When a trademark has words or letters, there are two ways to register it: one with design and the other without. A word mark consists of the wording in a particular trademark without regard to style, design or any graphic elements. A design mark includes those stylized features. In filing a trademark application, you must choose between applying for the mark in standard character format (word mark) or in a stylized design format (“design mark” or “special form”). When applying for a word mark, the mark is typed out using the letters and standard characters of a keyboard.

    Need to register your trademark with an attorney fee guarantee? Email US patent and trademark attorney Vic Lin at vlin@icaplaw.com or call (949) 223-9623 to explore working with us. For flat fee trademark registration services, see our trademark cost estimates from start to finish.

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    What is a word mark?

    A word mark is simply typed in standard character format without regard to the font, style, size or color. In a trademark application for a word mark, you are essentially seeking registration of the wording (or lettering) without regard to its style, design, font or any graphic features. In other words, you are protecting the wording, and not the logo.

    Registration of a word mark provides broader rights and basically protects the wording of the mark regardless of its style. Thus, applications for word marks must include a Standard Character Claim: “The mark consists of standard characters without claim to any particular font, style, size or color.”

    Applying for a word mark means you can vary the design aspects of the mark (e.g., style, upper/lower case, font) in use without causing a conflict with your trademark application.

    A trademark application for a word mark provides more flexibility in terms of how the trademark owner may use the mark to support the application, or renew a registration. As long as the spelling in the usage of the mark remains the same as the mark applied for, a trademark owner may support its pending application or renew a registration with such usage.

    What is a design mark (aka composite mark or special form drawing)?

    If you want to protect a graphic design or image with or without wording, such as a logo, then you would need to file a design mark application. This is also known as a “Special Form Drawing” on the USPTO initial application online form.

    A design mark application would be appropriate for a distinctive logo with particular graphics or stylized wording. A design mark registration requires you to use the exact same design continuously in order to renew your registration. Changing the design may require you to file a new trademark application.

    A word mark registration, on the other hand, allows you to use the mark in a variety of designs so long as the wording remains the same.

    Trademark in color or black-and-white?

    A design mark application gives you the option to claim color. If color is not claimed, you must file a black-and-white drawing of the mark, but that does not mean your usage of the mark must only be in black-and-white. By not claiming color, you are free to use whatever colors so long as your usage is a substantially exact representation of your applied-for mark. If color is claimed, you must file a color version of the mark and the colors in your actual usage must exactly match those colors in the applied-for mark.

    Filing both word mark and design mark applications

    Of course, if your mark includes both wording and stylistic elements, consider filing two trademark applications – one as a word mark, and the other as a design mark – but not necessarily at the same time.  You can choose to register one version of the mark before applying for the other.

    Do uppercase or lowercase letters matter in a word mark application?

    In a trademark application for a standard character mark, it does not matter whether the letters are shown in uppercase or lowercase letters. Historically, old school trademark applications for word marks were filed on paper with the USPTO showing word marks in ALLCAPS. The significance of all capital letters served to indicate that registration was sought for the wording, even though the uppercase or lowercase of the letters in actual use may have varied.

    Ready to protect your brand?

    An experienced trademark attorney can help you decide between a word mark and design mark. In some cases, it may make sense to pursue both, although not necessarily all at once.

    Email me at vlin@icaplaw.com or call (949) 223-9623 to see how we can help you get your trademark registered with lower risks of delay and additional costs.

    Request a Flat Rate Estimate to File Your Trademark Application
    After submitting the form below, we will let you know if we can assist and, if so, the cost estimate for filing your trademark application.

    Is the trademark owner an individual or company?*

    Is the trademark owner an individual or company?*

    The Applicant is the trademark owner.

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    Individual Applicant
    Tell us about the individual who owns this trademark

    Full Legal Name of Individual*

    Full Legal Name of Individual*

    Please type your legal name, including full first name and last name.

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    Citizenship*

    Citizenship*

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    Residence Address (can be kept private if different mailing address is provided)*

    Residence Address (can be kept private if different mailing address is provided)*

    Please provide your residence address. If you wish to keep this private, please answer the next question to provide a different mailing address.

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    Mailing Address if different from residence address

    Mailing Address if different from residence address

    (if you wish to keep residence address private)

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    Email*

    Email*

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    Company Information

    Company Name*

    Company Name*

    Please be exact in company name, including any commas and periods

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    Type of corporate entity*

    Type of corporate entity*

    (e.g., corporation, limited liability company, etc.)

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    State of Incorporation (or Country of Incorporation if foreign entity)*

    State of Incorporation (or Country of Incorporation if foreign entity)*

    (e.g., corporation, limited liability company, etc.)

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    Name of Officer authorized to sign on behalf of the Company*

    Name of Officer authorized to sign on behalf of the Company*

    Provide full name of officer

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    Title of Officer authorized to sign on behalf of the Company*

    Title of Officer authorized to sign on behalf of the Company*

    Do not state "Owner" or "Founder." Please use an official corporate title.

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    Physical business address*

    Physical business address*

    No PO Box, mailing center or registered agent's address (this can be kept private if you have a separate mailing address)

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    Mailing Address if different from Physical business address

    Mailing Address if different from Physical business address

    (if you wish to keep physical business address private)

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    Email address of officer*

    Email address of officer*

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    Email address of primary contact person*

    Email address of primary contact person*

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    Trademark
    This is where we gather some information about the trademark you wish to register

    What is your trademark?*

    What is your trademark?*

    Please identify your mark

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    As an alternative, please let us know if you have a second mark that is similar to your first mark

    As an alternative, please let us know if you have a second mark that is similar to your first mark

    Please identify a second mark that would be your second choice. Do not identify a completely new mark here. For a completely new mark, please complete and submit another Trademark Form.

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    Do you want to file for a word mark or design mark?*

    Do you want to file for a word mark or design mark?*

    Word mark covers the wording without regard to any design. If design mark, email a black-and-white JPG file to processing@icaplaw.com and omit any TM and circle R symbols.

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    Design Mark
    You can apply for a mark with stylized lettering, graphic design or any other design features. Please note that your usage must exactly match your design mark as shown in your trademark application.

    Please email a black-and-white JPG or PDF file of your design mark to processing@icaplaw.com*

    Please email a black-and-white JPG or PDF file of your design mark to processing@icaplaw.com*

    Please omit any TM and circle R symbols

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    Filing Basis: Actual Use or Intent-To-Use (ITU)?
    Have you already sold goods or services under this trademark?

    Have you already sold goods or services under this mark?*

    Have you already sold goods or services under this mark?*

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    Actual Use: Goods and/or Services
    All goods and services are categorized under 45 different USPTO classes. Your trademark filing cost will be based on the number of classes of goods/services.

    Please identify all goods and/or services currently being sold or provided under your trademark*

    Please identify all goods and/or services currently being sold or provided under your trademark*

    Make sure your identified goods have already been sold and shipped. For services, make sure that you have already provided such services in connection with the trademark.

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    What was the date you first sold or provided your goods or services under this trademark?*

    What was the date you first sold or provided your goods or services under this trademark?*

    Identify the date when your goods or services were first sold or provided showing the trademark.

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    Intent-To-Use: Goods and/or Services
    Here you will identify all goods and/or services you intend to sell under the trademark

    Please identify all goods and/or services you intend to sell or provide under the trademark*

    Please identify all goods and/or services you intend to sell or provide under the trademark*

    Please note that you cannot add to this list after the application is filed. You can only delete items. Be realistic about what goods or services you genuinly intend to sell in the following year or so.

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    Do you understand that an ITU application will have a future cost for submitting evidence of use?*

    Do you understand that an ITU application will have a future cost for submitting evidence of use?*

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    USPTO Knockout Search
    For an additional fee, we can search live USPTO trademark registrations and applications for highly similar marks

    Do you want us conduct a knockout search of your word mark at an additional cost of $700 per class?*

    Do you want us conduct a knockout search of your word mark at an additional cost of $700 per class?*

    For a word mark, we can conduct a textual search of the USPTO trademark database for highly similar trademarks which would present a high risk of rejection. Our firm does not do any visual searches (e.g., design marks, graphics, logos, etc.).

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    Vic Lin

    We align ourselves with Davids fighting Goliaths. 900+ US patents granted and 500+ trademarks registered. Let's get to work on your IP. Flat rate patents. Email competitive quotes or questions about working with us. vlin@icaplaw.com | (949) 223-9623 | LinkedIn

    Email: vlin@icaplaw.com
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