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Word Mark Versus Design Mark for a Trademark Application
Is a trademark a standard character mark or a design mark?
A standard character mark is a mark without any design elements. This means the mark has normal font characters, numbers, and punctuation. A standard character mark can have characters which are in the standard character set defined by the Trademark Office.
If the mark claims a design element, then the mark is not a standard character mark and will be a special form mark. A special form mark can be described by the mark drawing code, in the TMEP (Trademark Manual of Examining Procedure), where in TMEP 807.18, the mark drawing codes are described as: a) design only; b) design plus words, letters, and/or numbers; and c) stylized words, letters, and/or numbers with no design element.
Standard character marks are more common than design marks
There are about three times as many standard characters marks registered compared to design marks registered. A sample set is described further below for this relative amount.
How common is a standard character mark compared to a special form mark?
A sample of marks registered from 3/20/23 to 3/25/23 was taken from TESS (Trademark Electronic Search System).
Between 3/20/23 to 3/25/23 there was a total of 5,600 registered marks.
The breakdown of the marks was:
- Standard Character Marks: 4182
- Design Only Marks: 2
- Design Plus Words, Letters, and/or Numbers: 1074
- Stylized Words, Letters, and/or Numbers: 341
- No Drawing (Example: Sound): 1
How was the data found for the comparison of the amount of word marks vs design marks?
The searches in TESS (Trademark Electronic Search System), in the Free Form search function, and the corresponding results are below:
search query: (`RD > 20230320 < 20230325) AND 0[MD]
result: 0
search query: (`RD > 20230320 < 20230325) AND 1[MD]
result: 0
search query: (`RD > 20230320 < 20230325) AND 2[MD]
result: 2
search query: (`RD > 20230320 < 20230325) AND 3[MD]
result: 1074
search query: (`RD > 20230320 < 20230325) AND 4[MD]
result: 4182
search query: (`RD > 20230320 < 20230325) AND 5[MD]
result: 341
search query: (`RD > 20230320 < 20230325) AND 6[MD]
result: 1
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