Registering a trademark with the United States Patent and Trademark Office (USPTO) offers superior protection compared to common law (unregistered) or state-registered trademarks. However, the application process requires utmost accuracy and attention to detail to avoid refusals.
In this article, you will discover what wordmark registration is.
Wordmark vs. Design Mark – Understanding the Difference
When registering with USPTO, applicants have two options. The first is to register a wordmark consisting of the wording in a particular name, phrase, logo, or any other eligible mark without regard to the style, design, or any visual elements involved.
The second option is to register a design mark, which also consists of stylized features added to the words. If the applicant opts for registering a mark in the “Standard Character Format,” he or she is applying for a wordmark.
Conversely, applicants applying for a “Stylized/Design Form” opt for a design mark or special form registration.
Applying for a Wordmark with USPTO – Full Walkthrough
During the application, a wordmark is typed out using the standard characters of a keyboard without any regard to font, style, size, or color. Applicants seeking wordmark registration are essentially affirming they want to register the wording/lettering, not the logo or any graphic features.
This option offers superior protection compared to design marks, as the element under federal protection is the wording of the mark regardless of the design, style, or additional graphic overlay.
When filling out the application for a wordmark, the forms must include a Standard Character Claim. In this statement, the language used must be “the mark consists of standard characters without claim to any particular font, style, size or color.”
After obtaining USCIS approval on a wordmark, the owner of the mark can freely vary the design associated with the registered mark. For example, it is possible to change the style, font, and use of upper/lower case as long as the wording remains the same.
Wordmark vs. Design Mark Registration – What is the Best Option?
Obtaining USPTO approval for a wordmark registration provides superior flexibility in terms of possibilities to use the mark in commerce and obtain renewals on the registration. US trademark law expressly states that trademark owners must police and enforce their trademarks.
Trademark rights come from their use in business, which means wordmark owners can still have protection after partially changing the mark. As long as the spelling of the registered mark remains the same as outlined in the registration, the owner may vary the style, design, or colors without exposing the mark to risk.
Trademark owners seeking to protect graphic designs or images containing wording or not can apply for a design mark with the USPTO. This type of registration can be appropriate for distinctive logos with particular graphics or stylized wording.
Please note that maintaining and renewing a registered design trademark requires the owner to use the same design throughout the next years without full or partial changes. Changing the design without USPTO approval may expose the registered mark to unexpected challenges.
What is the Best Trademark Protection Strategy for Your Business? – Immediately Contact an Expert Attorney to Find Out
Navigating US trademark law is not an easy task for inexperienced individuals. Contact Florida Attorney Romy B. Jurado today by calling (305) 921-0976 or emailing [email protected] to find the best trademark protection strategy for your case.
