Can You Update A Standard Form Mark Design After Trademark

Once someone has selected a brand proper name for their products or services, and has decided to proceed with a federal trademark awarding, the side by side question that arises is usually whether to file for a standard character marker or a blueprint (stylized/logo) trademark. Choosing correctly – or incorrectly – can take important effects on the registerability and protection of your trademark.

Standard Character Mark

A discussion mark is a distinct text-only proper noun of a company, establishment, or product name used for identification and branding. A standard character trademark is 1 where the trademark has word(s), letter of the alphabet(s), and/or number(s) with no design element and no claim to any detail font, style, size, or color.

An application for a standard character trademark (too known equally a give-and-take mark) protects the word in all visual displays of the trademark. A standard character trademark protects the trademark whenever it appears as part of a logo, blueprint, or alone.

If applicant submits a merits of standard character format, the trademark shown in the drawing does non have to appear in the same font style, size, or colour as the trademark shown on the specimen of utilize. (For more information about specimens of use, please run into our web log post here). For case, when applying for a standard grapheme trademark, the trademark in the awarding will likely show as all capital messages, withal, when using the trademark in commerce, y'all can apply capital letters, or not, or a stylized font, or employ the trademark every bit part of a logo. In other words, a standard character trademark protects the discussion(s) regardless of how the words are displayed.

Design/Stylized Mark

The design/stylized or logo trademark is used to register words and/or messages having a specific stylized appearance, a trademark consisting of a design element, or a combination of stylized diction or design. In other words, a design trademark can protect a logo with or without words however, these trademarks tin be interpreted to be limited, to some extent, past their logo, graphical or stylistic elements.

While the words/characters of a logo trademark volition mostly exist given greater weight when comparison to other trademarks for infringement or conflict, it is possible that in some circumstances where a third political party does not employ the verbal same diction every bit your trademark and does not have the aforementioned logo/style elements, then the 3rd party may have a better take chances of fugitive your claims of infringement based on a special class trademark lone.

Another possible trouble with proceeding only with a special form trademark is that if you make up one's mind later to modify your logo or the stylistic elements in the special form marker, then youmight accept to file a new trademark application on the inverse version depending on the extent of the changes. For example, if a trademark is filed with the placement of a logo pattern on the left and words on the right, and you later alter it, this may be considered a material alteration and you will need to refile the new display equally a new trademark.

Further, you may not be able to renew the trademark registration if the old version is no longer in utilise. Trademark law requires continuous use to maintain a trademark registration. Therefore a trademark that has been registered for a long time volition have a ameliorate chance of beingness considered strong and will exist harder for others to challenge its validity. And so, if y'all take to relinquish a registration considering of logo design changes, you volition lose the benefits of a long-lasting trademark registration. Standard character marks do not take this problem because they encompass the words within the trademark as presented with whatever logo or stylistic arrangement.

If you have a trademark with a logo or design elements, and only wish to proceed with i trademark application, below is some general information to consider.

Practical Pointers

Ideally, companies and sellers would file for both a standard character trademark and a logo design trademark.
If you practise not have a logo or graphical representation of the marking, and then it is easy, and a standard character mark should exist selected in the application process.
If your marker is descriptive (refer to our weblog posts here), then it is best to distinguish your trademark past calculation a design or logo element.
As your business develops, you lot may decide to dedicate more resource to file additional applications to cover your trademark in all of its various displays.
Roofing your trademark in multiple registrations can requite yous broader protection against infringers.

Before applying for any trademarks, it is e'er all-time to seek the guidance of an attorney experienced in trademark law. Nosotros tin review your trademark, application, or USPTO refusal and piece of work with you to determine the course of activity suitable for your needs.