The appearance of a trademark is one of its most important aspects, and trademark applicants have an important choice to make when deciding what their mark will look like. There are three types of trademarks you can select from on a trademark application, and they are:
Standard Character Marks. Standard character marks are used for registering words, letters, numbers, or any combination of these, without the requirement that the mark be made in a certain font, size or design.
Stylized Marks. Stylized marks, which are sometimes referred to as special form marks, require that the words, letters, numbers, or any combination of these, be made in a certain font type, size, or stylization.
Design Marks. Design marks, which are also sometimes also referred to as special form marks, can include words, letters, numbers, or any combination of these, and a specific design. The design could be a background pattern, incorporation into a logo, or a symbol that includes the words, letters, numbers, or any combination of these.
What Are The Advantages and Disadvantages of Each Type of Mark?
Trademark protection for standard character marks is generally broad in scope and typically covers anyone using the mark in any way. The downside to a standard character marks is that it lacks style, which could make the trademark somewhat forgettable in a consumer’s mind. Stylized mark registration offers less protection, as the registration applies only to the specific stylized format of the mark that the trademark application identifies. But, on the other hand, stylized marks tend to be visually unique and distinctive — and (hopefully!) unforgettable. Design marks are similar to stylized marks in that they are limited in the scope of protection that they offer, but design marks are often visually unique, distinctive, and memorable as well.
Generally, registration cannot be sought for a design mark that includes a standard character format as part of its design. Rather, the two must be registered separately and then used by the applicant in combination with one another, unless (1) the standard character format in the design is specifically part of the design, and (2) the trademark applicant intends to obtain trademark rights for the combined use.
Our Trademark Attorneys Can Help
One of our experienced trademark attorneys can help you decide which type of trademark is best for you, and will file and prosecute your trademark application at the United States Patent and Trademark Office. If you have questions about choosing or applying for a trademark, visit Parsons & Goltry online at patentsavers.com, or call 480-991-3435.
"Our company has worked with a number of patent attorneys and were so pleased when we began working with Parsons & Goltry nearly a decade ago. Mike Goltry's knowledge and attention to detail has enabled us to have numerous products patented and trademarks registered. We highly recommend this Law Firm."
"Michael Goltry is the most professional, honest and effective patent attorney whom I ever met in my 40 year professional engineering career. I started to work with him over 20 years ago and plan to work indefinitely."
"Mr. Goltry took a provisional patent that we'd filed ourselves, and quickly and professionally turned our innovation into U.S. and foreign applications. His [patent claims] were a thing of beauty, and I was amazed by how deftly he countered the inevitable office actions. His language held up, and the U.S. Patent just issued. He was easy and efficient to work with, and his fees were remarkably reasonable. We're not planning to go anywhere else, ever."
"I applied for a patent through Parsons & Goltry. After being on the docket for 2 years at the USPTO, I received notification that my patent request had been denied. Michael Goltry contacted me immediately to review my options. After I informed him of my decision to move forward, he filed a response to the USPTO. In his response he got the examiner to fully understand the claims in the patent application and the "denied" decision was reversed. I was able to secure and receive a "patent granted" decision. Thank you, Michael Goltry."
10643 North Frank Lloyd
Wright Blvd. Suite 201
Scottsdale, AZ 85259
Phone: (480) 991-3435
Open 9-5pm Monday - Friday
Arizona’s premiere patent attorneys serving clients throughout the U.S. and internationally for almost 30 years.
Located in Scottsdale, Arizona, we serve clients locally as well as throughout the United States and across the world.