Trademark in color or black-and-white?Ī design mark application gives you the option to claim color. A word mark registration, on the other hand, allows you to use the mark in several different designs so long as the wording (e.g., spelling, number of words/terms, etc.) remains the same. Changing the design may warrant the filing of a new trademark application. Keep in mind that a registration of a design mark requires you to use the exact same design over the course of the next several years in order for you to maintain and renew your registration.
This is also known as “ Special Form (Stylized and/or Design)” on the USPTO initial application online form.Ī design mark application would be appropriate for a distinctive logo with particular graphics and/or stylized wording.
If you want to protect a graphic design or image with or without wording, such as a stylized logo, then you would apply for a design mark. 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. 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.”Īpplying 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.Ī 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. Registration of a word mark provides broader rights and basically protects the wording of the mark regardless of its style. In other words, you are protecting the wording, and not the logo.
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. What is a word mark?Ī word mark is simply typed in standard character format without regard to the font, style, size or color. When applying for a word mark, the mark is typed out using the letters and standard characters of a keyboard. 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”). A design mark includes those stylized features. While they go by different names, I simply call one a “word mark” and the other a “design mark.” A word mark consists of the wording in a particular trademark without regard to style, design or any graphic elements.
There are two ways to register a trademark. What is the difference between a word mark (standard character) and a design mark?
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