Drawing Specifications: Trademarks and Service Marks

If you invent a new product or service, you want a patent to protect it. You want the same protection for your trademark or service mark. What are the requirements for a trademark? You're probably also wondering what kind of images and content you can seek trademark protection for.

Trademark protection is available for the following things:

• Symbols
• Short phrases
• Designs
• Words
• A combination of these things

People use trademarks to identify and distinguish the source of their goods. For example, the green mermaid logo on Starbucks' cups and signage is protected by a trademark.

Who Can Register a Trademark With the USPTO?

Anybody looking to protect a distinct mark can apply for a trademark. But, most trademark owners have a businesses or are in the service industry.

Some of the people who commonly submit trademark applications include:

• Entrepreneurs
• Startup companies
• Small business owners
• Manufacturers

Essentially, anyone in the goods and services markets may need trademark protection. Some want legal protection for their business name, and others want to trademark their logo as a registered mark. This includes brick-and-mortar operations and people who do business online or on social media.

What's the Difference Between a Trademark and a Service Mark?

Although many people use the terms "trademark" and "service mark" interchangeably, there is a difference between the two. If you use a mark to identify and distinguish goods, it's a trademark. If you're using it to identify a service, it's a service mark.

The law doesn't require small business owners or others to seek trademark registration from the U.S. Patent and Trademark Office (USPTO). But registration has benefits.

Some of these benefits include the following:

• The legal presumption that you're the trademark owner
• Your mark will appear in the trademark electronic search system
• Exclusive right to use the mark
• Ability to file a lawsuit for trademark infringement

How To Register Your Trademark or Service Mark

If you want a registered trademark, you must follow specific procedures. According to the United States Patent and Trademark Office application process, your trademark application must include a clear description of the mark and a drawing.

The USPTO then uses the drawing to file the mark in its search records. Once the agency approves your application, it will print your mark in the Official Gazette and include a drawing of the mark on your federal trademark registration certificate.

For more information on this topic and other types of intellectual property, visit FindLaw's Intellectual Property section.

The Trademark Application

If you aren't familiar with trademark basics, there are certain things you should know. According to U.S. trademark law, your trademark application must include the following information:

• The applicant's name
• A name and address for communication
• A precise drawing of the mark
• Proposed use of the mark
• A list of the goods or services associated with the mark
• The filing fee

The filing fees are different depending on which type of application you file. When you file your initial application, you must choose between a TEAS Plus and a TEAS standard. A TEAS Plus costs less ($250), but stricter requirements exist. The TEAS Standard costs a little more ($350), but the upfront requirements are fewer.

The Drawing of Your Mark

Regardless of the type of application you file, you must include a drawing.

If you file your application through the USPTO's Trademark Electronic Application System (TEAS), it will generate a drawing based on the information you enter into the system. The USPTO's Examination Guide provides more details about drawings you submit electronically.

To prepare the drawing yourself, you must follow specific standards. You must use non-shiny white paper that is 8½ by 11 inches. Your mark must be a maximum of 3.5 by 3.5 inches.

The paper with the drawing must also include a heading with the following information:

• Applicant's name
• Correspondence address
• Identification and description of goods or services
• Dates you have used the mark or the date of "intent to use"

The drawing can be either a "standard character" or a "stylized or special form" drawing. If you want to register your mark, your drawing must be in color. You must also include a color claim naming the colors that are a feature of the mark and a statement that describes where the colors appear on the mark.

Once you file your application, you can't make material changes to the mark. You must pay an extra fee to amend the mark or file a new application.

Standard Character vs. Stylized or Special Form Drawings

There are two acceptable formats for drawing your mark: standard character and stylized or special form.

The standard character drawing is acceptable if the mark meets the following criteria:

• The letters are in Latin characters
• The numbers are in Arabic or Roman numerals
• There are only common punctuation marks
• There is no design element in the mark

You have the freedom to depict the mark in any font. You can also use uppercase and lowercase letters and bold or italic letters.

A standard character drawing must also include the following statement: "The mark is presented in standard character format without claim to any particular font style, size, or color."

If the style of lettering is essential to the mark, or the mark includes a design, logo, or color, you must include a stylized or special-form drawing. Unless you claim color as a feature for the mark, you must depict the drawing in black and white.

Your drawing must be a "substantially exact representation" of the mark.

Visit the USPTO.gov site for further information.

Getting Legal Help

Consult a trademark attorney if you want to register a trademark and need help. They can help ensure you complete your application and submit it to the correct office.