What Is the Best Way to Depict a Trademark Drawing?

Most people are all familiar with the popular trademarks. The golden arches of McDonald’s hamburger chains, the green mermaid on your favorite coffee cup and the swirling red letters that spell out Coca-Cola are a few examples of symbolic trademarks that are pervasive around the world. When it comes to actually filing your petition for a trademark, you will want to pay close attention to the part of the application in which you must depict the image, symbol or logo that you wish to legally protect. Here are a few things you will want to keep in mind when determining how to display the trademark in question.

Considerations When Submitting Your Trademark Application

As you assemble the various pieces that are involved in your application for a trademark, there are a number of things that you will want to think about:

•Generally, things that are able to be trademarked include symbols, words, brief phrases, designs and images, or any combinations of these features.

•Words and images that are unable to be trademarked include those that are already trademarked or are similar in appearance. For example, you can’t trademark a logo of golden arches logo that looks just like the McDonald’s symbol but with some slight differences.

•Trademarks and service marks are two different things. If you are applying for a symbol that protects a physical product, you are wanting a trademark. If you are applying for a symbol that protects a service, on the other hand, you are wanting a service mark, such as the logo for FedEx shipping services.

•It is not legally required that you register your trademark with the United States Patent and Trademark Office, but this step does give you numerous legal benefits and rights over your symbol or word.

How Should I Depict My Mark?

One of the most important aspects of your application is the way in which you actually depict your mark. This drawing is so important because it will go on legal record as being an exact replica of your trademark, so it is essential that the depiction be clear, accurate and complete. Not only will this mark be stored in the comprehensive United States Patent and Trademark Office archives and search system, but it will also be printed in the Official Gazette and on your trademark registration certificate.

When submitting your application for a trademark, you may choose to file your drawing either online or through the mail. If you apply through the Trademark Electronic Application System, a generated depiction of your trademark will be created for you from the details that you have already entered. Alternatively, you may send in a hard copy of your image, which must meet the following criteria.

•On 8 ½” by 11” white matte paper

•Black and white with no other color

•No larger than 3 ½” by 3 ½”

•Must include your name, address and a description of the goods or services that the trademark represents

•Must include the date you intend to begin using the mark

•Must detail the exact dates of any prior registration period

You must choose whether your drawing will be submitted in standard character form or in stylized or special form. Standard character form trademarks use Latin letters, Arabic or Roman numerals, standard punctuation and no art or design. They must also include the words, “The mark is presented in standard character format without claim to any particular font style, size or color.”

Stylized or special form trademarks use non-standard designs, art work and lettering or numbers. If color is an aspect of your design, be sure to list the colors used and where they occur in the drawing. Remember that drawings cannot be changed or altered in any way once your application has been submitted.

Legal Disclaimer

The content on our website is only meant to provide general information and is not legal advice. We make our best efforts to make sure the information is accurate, but we cannot guarantee it. Do not rely on the content as legal advice. For assistance with legal problems or for a legal inquiry please contact you attorney.