Standard Character Applications

When filing a federal trademark application with the USPTO, the applicant must select whether they are filing a standard character application or a special character application. This post discusses standard character applications in trademark law, exploring what they are, their advantages, and how they differ from special character applications.

What are Standard Character Applications?

A standard character application, also known as a word mark application, is a type of trademark application that seeks protection for a word, phrase, or combination of words in any stylization, font, or design. Essentially, it covers the textual elements of a mark without any specific font, size, or color limitation. By applying for a standard character mark, businesses aim to secure broad protection for their brand name or slogan, regardless of the specific visual presentation.

Advantages of Standard Character Applications:

1. Flexibility: Standard character applications provide the broadest scope of protection because they cover the textual elements of a mark in any form. This flexibility allows businesses to use their mark in various stylizations, fonts, or designs without infringing on their trademark rights.
2. Comprehensive Protection: By obtaining a registration through a standard character application, businesses can prevent others from using confusingly similar words or phrases, regardless of the visual presentation. This helps safeguard the core elements of the brand and maintain its distinctiveness in the market.
3. Future Adaptability: Businesses evolve and often undergo changes in their branding strategies. A standard character application provides protection for the textual components of a mark regardless of any changes in design.

Differences from Special Character Applications

While standard character applications focus on textual elements, special character applications include a design element. Businesses seeking to register a logo would need to file a special character application. Design or logo marks include distinctive fonts, stylizations, graphics, or specific design elements. The design element limits the scope of protection for these marks.

Filing Process for Standard Character Applications:

1. Select a Strong Mark: Choose a unique, non-descriptive mark that is not commonly used in the relevant industry. Generic and common terms will likely not receive trademark protection.
2. Conduct a Trademark Search: Before filing, it’s crucial to perform a comprehensive trademark clearance search. A proper search will determine if the chosen mark is already in use or if there are potential conflict marks.
3. Submit the Application: File the standard character application with the USPTO, providing the necessary information and paying the required fees.
4. Monitor the Application: After filing, monitor the application’s progress and respond promptly to any office actions issued by the trademark examiner.

Standard character applications offer businesses a flexible and comprehensive way to protect their brand names and slogans. By focusing on the textual elements of a mark, these applications provide broader coverage and adaptability. This allows businesses to maintain their brand identity even if their visual representation changes. Contact Alex to discuss the post or to get started on filing your standard character trademark application.