USPTO Drawing Requirements – Learning The Types And Protection Available
4 min read
It is true to state that the drawing and specimen will not be the same. The drawing shows what the trademark is, and the specimen shows how you are likely to use the trademark with goods or services. Be sure that the way the trademark appears on the specimen is based on the drawing type.
The type of drawing and how it might affect submission requirements:
Always remember that the application must include a depiction of a trademark that you want to register, also noted as a drawing. Learning about the Uspto Drawing Requirements beforehand is also important. The drawing will show the trademark in either special form or in standard characters.
- The standard character is only based on the text without any color, styling, or design. The specialized form is styled up, colored, or might even have a design.
- Now, it is up to you to decide the trademark version that you want in your drawing. The drawing type will affect the protection that you plan to receive.
- In case the wording is a vital part of the trademark, then you can consider a standard version of the character drawing.
- If the design stylization or element is vital, then consider special drawing form. Generally, registering a trademark in the standard characters will offer broad protection.
It is vital to learn more about the drawing types first, along with the protection available and how the requirements will differ.
The drawing of the said mark:
The application must have a drawing or trademark depiction that you plan to register. Federal trademark law will need you to provide a drawing with your application for assigning the filing date and then moving it towards registration.
Ways in which drawings are used:
Once your application has one filing date, the team will upload a drawing of your given trademark into automated records. Here, the public gets to view the records online with the help of Trademark Status and Document Retrieval and Trademark Electronic Search System databases. This available information about trademarks will help in avoiding legal conflicts. The trademark that appears on the drawing will further appear on the registration certificate.
The right type of drawing to use for better protection:
Choosing the right drawing depends on multiple factors, which will include the mark that you often use with services or goods. You will learn which designs or words seem important to protect and the amount of money that you plan to spend to protect the mark.
- Most of the time, companies will just register multiple mark’s components separately that they will use together and even separately.
- Any company might end up registering the firm’s name, slogan, and logo to ensure the broadest protection.
- It provides firms to be flexible in the promotional matter, web pages, and social media for mixing and matching marks and protecting all their marks.
- Then you have other companies which can afford to register just one mark. So, they focus on the components, which are most important to their brand.
- As this decision is extremely important, an applicant might plan to hire a private attorney who specializes in trademark matters.
Get on with the types:
There are mainly two different types of drawings that you will see in your application. Check out the options before proceeding further with the next step.
- You have the special form drawing, which will show marks with designs, stylization, logos, color, or graphics. They are known as design marks.
- Another one is the standard character drawing, which will show the mark in the text font only and without any particular form of size, style, or color.
You get to apply for anyone mark for every application and then add a drawing. Most of the time, the application will not have a filing date, or it might get moved towards registration if the application has two or even more drawings of various marks.
The protection level provided:
It is mandatory to decide whether you want to apply for the standard character drawing or any special drawing form. If you have registered for the standard characters, you will receive a broad protection form for the mark. It is because the registration will have the wording itself without quite limiting the mark to any specified style, font, color, or size. In case you register your mark in specialized form, the mark will remain protected only for that given depiction.
When do you need to submit the drawing?
If your mark has letters, words, or numerals in a way that creates a special impression that can be lost or altered, if you register the text alone, you need a special form drawing to go with it. It is further required if you want the mark to include some specific underlining or colors, exponents, subscripts, characters, or emoticons, which are not quite registered in the standard character set. So, let the experts handle the case on your behalf.
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