When filing a trademark, the USPTO gives you two options: standard characters or specialized form (stylized and/or design). Let’s look at each one in detail and that should help you decide the best way to apply for your mark.

As with any discussion of filing a trademark, it is always assumed that you have done your due diligence and have done a thorough investigation. Having said that…

standard characters

This option is selected to record “word(s), letter(s), number(s) or any combination thereof, with no design element and when no particular font, style, size or color is claimed and is absent any style or design element. In essence, the USPTO is talking about plain text.

To qualify for this claim, the brand entered must fit within the standard character set. This includes letters and numbers, but also some symbols, such as the ampersand (&), the dollar sign ($), the asterisk

etc.

Special Shape (Stylized and/or Design)

This option is selected to register trademarks that are “composed of stylized word(s), letter(s) or number(s), and/or a design element.” For example, if your company name is displayed in a certain font and that font is an important element to your brand in general, it might be a good idea to file it as such. This is also the selection you will make if you submit a logo/design. A logo can stand alone or with your name.

Can you request both?

Technically yes, although not at the same time. Two separate applications would have to be submitted (meaning double the fees) if you wish to choose the standard characters and the special form.

Why would you request both?

Most small business owners wouldn’t, but as with anything in the world of trademarks, it will depend on your overall plans for the brand. Suppose you have a name and a logo; very easy, use the special form. But let’s say your name will be displayed without the logo in a variety of fonts. Maybe you have multiple product lines, or your product line targets different types of consumers and has different font styles for each. So it may be a good idea to also present the name as standard characters so as not to claim any distinctive aspect of the brand, but to protect the name in general.

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