Standard Character Marks vs. Special Character Marks

Standard Character Marks

A standard character mark, also called a word mark, refers to any mark consisting of words, letters, and or numbers with no design element attached to it. When submitting an application for a standard character mark, the applicant is making no claim to any particular color or font or style. A registered standard character mark provides broad trademark protection to all visual forms of the mark regardless of design. This means that the mark owner can use the mark in multiple designs without causing any issues with your trademark application. This gives the mark owner more flexibility in how the mark is used so long as the spelling of the mark stays the same. Brand names and slogans are usually great candidates for a standard character mark application.

Special Character Marks

A special character mark refers to a mark that has some design element included with it. A special character mark can be a design without any words, letters, or numbers (i.e. a logo). It can also be a mark that consists of words, letters, or numbers, and also makes a claim to the font or color of those words, letters, or numbers. The trademark protection afforded to a registered special character mark is limited, to some extent, by the claimed design element. Special character mark applications are particularly useful for small business owners that want to protect their logo design. Special character applications can also be used as a strategy to overcome an otherwise generic or descriptive mark. For example, adding a design element to a generic mark would in theory make the mark more unique (and less generic) and may increase the likelihood of the mark achieving registration.

Strategy for Filing one or Both

The next question many will have is do I file one before the other or both at the same time? The answer ultimately depends on the applicant’s preference and budget. If your small business has a brand name and a stylized logo that need trademark protection, then filing two applications – one as a standard character and the other as a special character – will give you the strongest protection over both the wording and your specific design. If the applicant chooses to only move forward with one application, it is generally advised that a standard character mark be explored first as it provides a broader form of protection.

As always, you can Contact Alex to discuss the post or to get started on protecting your small business brand.