If your trademark includes words, letters, or numbers, before filing a trademark application you will need to determine whether you will include any logo or stylistic element(s) as a part of your trademark application. The U.S. Patent & Trademark Office (USPTO) requires you to specify whether or not you are claiming any specific font, style, size, color, or graphics as part of your mark.
Marks without a claim to a specific font, style, size, color, or graphics are known as standard character marks and are examined purely based on the words/letters/numbers used in the mark, regardless of any aesthetics.
If your mark is a combination of words or characters with design elements, then the mark is a design mark and the design elements are considered when the USPTO determines if the mark is trademarkable.
As each mark has different elements to consider when the USPTO determines trademarkability, each type of mark needs a different trademark application and must be examined separately.
If you want to protect both types of marks, you can file trademark applications for each type of mark separately. If your budget is tight, then choose which aspect of your mark is the most important (the words or the design) and then file a trademark application to protect that mark.
Our Products
Flat Fee Pricing - Straightforward for Patents and Trademarks.
