question.jpgIn Trademarks

How do I depict my mark in a trademark application?

An application for a federal trademark registration must include, among other things, a depiction of the mark. This depiction is simply a drawing of the mark, and should be in one of two formats. The first type of depiction is the “standard character format” (sometimes referred to by its old name, a “typed drawing”). This format is used when you are seeking to register words, letters, numbers, slogans, etc., without any claim to the font, size or color used and without any specific design. This provides a broader set of rights, because you can use that mark in any manner of presentation. An example of such a mark would be the New York Times slogan ALL THE NEWS THAT’S FIT TO PRINT.

The second type of depiction is the “stylized design” format. This should be used there the style of lettering is important, or where there is color or design included in the mark. Unless a specific color is being claimed, the drawing should be in black and white and be an exact representation of the mark as it is used by the applicant. An example of a mark which would have been applied for as a “stylized design” would be the Nike “swoosh.”

It should be noted that you cannot mix both formats in one mark.