Should I file a Trademark Application with Standard Characters or a Stylized Logo?

Two options: Standard Characters or Specialized Form (Stylized and/or Design)

Standard Characters

Standard character marks consist of plain text. The text of the trademark may include “word(s), letter(s), number(s), or any combination thereof, with no design element and when you are not claiming any particular font, style, size, or color, and absent any stylization or design element.”

For a mark to quality as a standard character trademark, it must consist of only acceptable standard characters – letters, numbers and some symbols, such as the ampersand (&), the dollar sign ($), the asterisk (*), etc.

Standard character set available USPTO Trademark Standard Character Set.

Registering a trademark in standard characters provides the broadest rights for your trademark when your mark primarily consists of words, letters, and numbers. It allows you to use those words, letters, and numbers in any manner, i.e. design, without worry about losing your the benefits of a trademark registration. Restated, a word mark in standard characters will typically have broader protection than the same words registered in a specific style or color. You can still use a standard character word mark in a stylized format, and this use will be accepted by the U.S. Patent and Trademark Office (USPTO) as evidence of use of the mark. Continue Reading »

10 Commandments of Choosing a Georgia Trademark

When filing a Georgia Trademark Application, you can avoid problems by obeying the following rules found in Georgia law at O.C.G.A. Section 10-1-441 that govern the eligibility for trademark registration in Georgia.

Georgia trademark

  1. Do not be immoral, deceptive or scandalous.
  2. Do not mock or falsely connect yourself to others.
  3. Do not use the flag or logo of a governmental entity, unless you are the government.
  4. Do not use the name, signature, or portrait of a living individual without their permission.
  5. Do not choose a trademark that is merely descriptive of your goods or services. Continue Reading »