As you prepare to register your mark, you have to decide if you are going to register a standard character drawing, also known as a word mark, or a special form drawing, also known as a design mark.
You might be wondering, what is the difference between the two drawings?
For starters, a standard character drawing consists solely of words, letters, or numbers and protects the wording itself. While a special form drawing protects a specific design which could include colors, words, special drawings/characters, etc.
A standard character drawing/word mark, protects only the registered word, without regards to any particular font, style, size, or color. Because a standard character drawing/word mark protects the word in any format, it provides the broadest protection for its owner.
According to the United States Patent and Trademark Office ("USPTO"), in order to qualify as a standard character drawing/word mark, the mark must have the following characteristics:
• No design element;
• No stylization of lettering and/or numbers;
• Any letters and words in Latin characters;
• Any numbers in Roman or Arabic numerals; and
• Only common punctuation or diacritical marks.
A special form drawing/design mark, on the other hand, is for everything else. If your mark includes a particular style of lettering, particular color(s), special designs, pictures, etc., with or without words, you do not qualify for a standard character drawing/word mark and must file a special form drawing/design mark. There are lots of rules that apply when filing a special form drawing/design mark. For example, if color is not a feature of the special form drawing/design mark, then a black-and-white drawing should be filed.
Many brands register both a word mark and a design mark because they protect different things. As you develop your intellectual property strategy for your business, be sure that you consider what needs to be protected and how you can protect it.
For more information on trademarks, checkout our blog, visit the Trademark section of the USPTO, and/or contact your favorite attorney.
Simmons Rogers, LLC
Simmons Rogers, LLC is a full- service civil law firm based in Atlanta, Georgia. We provide legal services as well as mediation and arbitration services, to businesses and individuals throughout the state of Georgia and beyond.
This blog is not intended to be a complete explanation of the law. Its purpose is to inform, not to advise on any specific legal problem or legal rights. If you have specific questions regarding any topic in this blog, you are encouraged to consult the Atlanta based law firm of Simmons Rogers, LLC or an attorney licensed in your