Trademark Drawings

Some People might be Asking, What is a trademark?

A trademark includes any word, name, symbol, or device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. In short, a trademark is a brand name.
Another consideration is the depiction of your mark. Every application must include a clear representation of the mark you want to register. We use this representation to file the mark in the USPTO search records and to print the mark in the Official Gazette and on the registration certificate. There are two possible mark formats: (1) standard character format; or (2) stylized or design format. The standard character format should be used to register word(s), letter(s), number(s) or any combination thereof, without claim to any particular font style, size, or color, and absent any design element. Registration of a mark in the standard character format will provide broad rights, namely use in any manner of presentation. The stylized or design format, on the other hand, is appropriate if you wish to register a mark with a design element and/or word(s) and/or letter(s) having a particular stylized appearance that you wish to protect. The two types of mark formats cannot be mixed in one mark; do not submit a representation of a mark that attempts to combine a standard character format and a stylized or design format.

Every application must include a single drawing page. If there is no drawing page, the application will be denied a filing date and returned to the applicant. The PTO uses the drawing to file the mark in the PTO search records and to print the mark in the Official Gazette and on the registration.

The drawing must be on pure white, durable, non-shiny paper that is 8 1\2 (21.59 cm) inches wide by 11 (27.94 cm) inches long. There must be at least a one-inch (2.54 cm) margin on the sides, top and bottom of the page, and at least one inch between the heading and the display of the mark.

At the top of the drawing there must be a heading, listing on separate lines, the applicant’s complete name, address, the goods and services specified in the application, and in applications based on use in commerce, the date of first use of the mark and the date of first use of the mark in commerce. This heading should be typewritten. If the drawing is in special form, the heading should include a description of the essential elements of the mark.

The drawing of the mark should appear at the center of the page. The drawing of the mark may be typewritten, or it may be in special form.

If the mark includes words, numbers or letters, the applicant can usually elect to submit either a typewritten or a special-form drawing. To register a mark consisting of only words, letters or numbers, without indicating any particular style or design, provide a typewritten drawing. In a typewritten drawing the mark must be typed entirely in CAPITAL LETTERS, even if the mark, as used, includes lower-case letters. Use a standard typewriter or type of the same size and style as that on a standard typewriter.

To indicate color, use the pre-defined color linings. The appropriate lining should appear in the area where the relevant color would appear. If the drawings is lined for color, insert a statement in the written application to indicate so, for example, “The mark is lined for the colors red and green.” A plain black-and-white drawing is acceptable even if the mark is used in color. Most drawings do not indicate specific colors.

Be careful in preparing the drawing. While it may be possible to make some minor changes, the rules prohibit any material change to the drawing of the mark after filing.

To register a word mark in the form in which it is actually used or intended to be used in commerce, or any mark including a design, submit a special-form drawing. In a special-form drawing, the mark must not be larger than 4 inches by 4 inches (10.16 cm by 10.16 cm). If the drawing of the mark is larger than 4 inches by 4 inches, the application will be denied a filing date and returned to the applicant. In addition, the drawing must appear only in black and white, with every line and letter black and clear. No color or gray is allowed. Do not combine typed matter and special form in the same drawing.

The drawing in special form must be a substantially exact representation of the mark as it appears on the specimens. The applicant may apply to register any portion of a mark consisting of more than one element, provided the mark displayed in the drawing creates a separate impression apart from other elements it appears with on the specimens. For example, generally it is possible to register a word mark by itself even though the specimen shows the word mark used in combination with a design or as part of a logo. Do not include non trademark matter in the drawing, such as informational matter which may appear on a label. In the end, the applicant must decide exactly what to register and in what form. The PTO considers the drawing controlling in determining exactly what mark the application covers.

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