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Author Topic: Mark Drawing Code - Which Option?  (Read 1595 times)
dfriestedt
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« on: 11-22-09 at 07:54 pm »

I recently received a notice of allowance for a mark I applied for.  Under Mark Drawing Code I selected (4) STANDARD CHARACTER MARK.  At the time I applied for the trademark I did not have a logo nor did I do a lot of research on which Mark Drawing Code to select.  After reading a number of posts on this forum is appears that option (1) Typed drawing (words, letters, or numbers not depicted in special form) gives the broadest protection.  Is that true?  If so, please explain why.  Not sure I understand the difference between Typed Drawing and Standard Character Mark.

My mark is simply a series of letters - it's an english word with no special characters.  Will (4) STANDARD CHARACTER MARK protect against the use of my trademark in any form - meaning, if someone comes up with a stylized / graphic representation of my trademark can they use my registered word? 

I also see on here that various attornies recommend getting (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS in addition to #1 or #4 once you have a logo.  I really don't understand why.  If you trademark a word why file for protection for the design of that word too?  That seems redundant to me. 

Thx
 
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JSonnabend
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« Reply #1 on: 11-23-09 at 07:24 am »

You don't choose the number (at least I've never seen the option available).  All you can do is say whether the mark is standard characters or stylized/graphical.  (I believe "typed drawing" is an old category now replaced by "standard characters" -- who "types" anymore?)

Standard characters protect the words without regard to style, typeface or graphic elements.  Any use of words confusingly similar to the claimed words will infringe, regardless of style, typeface or graphics. 

On the other hand, a use of style, typeface or graphics that is similar to your style, typeface or graphics (in your actual use), but which uses substantially different words will not infringe the registered mark.  Such a use may still infringe your common law rights, of course.

- Jeff
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SonnabendLaw
Intellectual Property and Technology Law
Brooklyn, USA
718-832-8810
JSonnabend@SonnabendLaw.com
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