When filing a trademark, the USPTO offers you two options: Standard Characters or Specialized Shape (Stylized and / or Designer). Let’s look at each one in detail and that should help you decide the best way to apply for your brand.
As with any trademark application discussion, it is always assumed that you have done your due diligence and a thorough investigation has been done. Having said that …
Standard characters
This option is selected to record “word (s), letter (s), number (s) or any combination of them, without any design element and when you are not claiming any particular font, style, size or color, and absent any stylization 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 words, letters or numbers, and / or a design element.” For example, if your business name is displayed in a certain font and that font is an important element to your overall brand, it might be a good idea to present it as such. This is also the selection you will make if you submit a logo / design. A logo can be filed alone or with your name.
Can you apply for both?
Technically yes, although not at the same time. Two separate requests (i.e. double the fees) should be submitted if you want to choose the standard characters and the special shape.
Why should you apply for both?
Most small business owners wouldn’t, but as with anything in the branding world, it will depend on your overall plans for branding. Suppose you have a name and a logo; easy enough, use the special form. But suppose your name will be displayed without the logo in a variety of fonts. Perhaps you have multiple product lines, or your product line is geared toward different types of consumers and has different font styles for each. Then it may be a good idea to also file the name as standard characters so as not to claim any distinctive aspect of the brand, but to protect the name in general.
