Trademark applicants must use one of two mark formats when attempting to make a registration, it has been claimed.
According to the US Patent and Trademark Office (USPTO), the depiction of the intended mark is an “important consideration”, and every application must include a clear representation.
USPTO uses this to file the mark in its search records and to print the mark in the Official Gazette and on the registration certificate.
The office explained that either standard character format, or stylized or design format must be used when making the application.
It added, “The standard character format should be used to register words, letters, numbers or any combination thereof, without claim to any particular font style, size, or color, and absent any design element.”
Registration of a mark in the standard character format will provide broad rights, namely use in any manner of presentation, USPTO said.
“The stylized or design format, on the other hand, is appropriate if you wish to register a mark with a design element, with words and/or letters having a particular stylized appearance that you wish to protect.”
However, USPTO explained that the two types of mark formats cannot be mixed in one mark.
As such, businesses should not submit a representation of a mark that attempts to combine a standard character format and a stylized or design format.