When filing your trademark application, one of the first decisions you’ll face is whether to register a standard character mark (i.e., just the words) or a design mark (words including the design elements). This choice plays a crucial role in determining the flexibility and long-term protection of your trademark. For the vast majority of businesses, registering a standard character mark is the better option, as it provides broad protection and can last the entire lifespan of your company. In this article, I’ll explain the key differences between these two types of trademarks to help you make the right choice.
If you still need help after reading, don’t hesitate to call me—I can handle the trademark filing for you and ensure your application aligns with your business goals, for a fee, of course.
Understanding Standard Character Marks vs. Design Marks
A trademark can be registered as a standard character mark or a design mark, each serving different purposes:
- Standard Character Mark: A standard character mark protects the wording of your trademark without tying it to any specific design, style, or font. This type of registration allows flexibility, so your brand name is protected regardless of design changes. The mark below is an example Standard Character Mark for THE COCA-COLA COMPANY. When Coca-Cola Company their brand as a standard character mark, it protects the name itself, regardless of how it is styled or designed over time. This means that whether their brand appears in black and with a specialized font, the standard character mark protects the name as long as the wording remains the same. This flexibility is especially beneficial if you anticipate updates to your branding or visual style over time which most companies do. If you have a limited budget, then I recommend that you obtain the registration for the standard character mark version of your brand.
Example Standard Character Mark: THE COCA-COLA COMPANY
- Design Mark: In contrast, a design mark includes specific stylization, colors, or graphical elements, protecting the exact look of your logo or symbol. If you have the budget, I generally recommend protecting your specific stylization of your brand. That will give you Cadillac protection for your brand. Just remember that if they later decide to adjust the design elements of your brand, you need to reapply to protect the updated design. This type of mark is ideal if your logo’s unique appearance is essential to your brand identity and unlikely to change frequently.
Example Design Mark: 
Why Standard Character Marks Are Often Preferable
For many businesses, a standard character mark is often the better option. It offers broad, adaptable protection, meaning it safeguards your trademark even if you update the design or style. Since a standard character mark protects the name itself, it can be used across various applications without needing re-registration for each change. This flexibility can save businesses from re-filing in the event of a brand refresh or design evolution, reducing long-term costs and administrative efforts.
Limitations of Design Marks
Design marks, on the other hand, come with certain limitations. Because they are tied to specific visual elements, any trivial change to the logo or design requires a new trademark application to maintain protection. This can be challenging and costly if your business undergoes frequent rebranding. Solely relying on a design mark can lead to higher costs and complex trademark management due to the need for repeated filings with each new version of the logo.
Need Help Deciding?
If you’re still uncertain about which type of trademark to choose, even after reading this article, I can help you make the best choice. As a trademark attorney, I can file your trademark application for you and ensure it aligns with your business needs. Feel free to call me at (949) 433-0900 to schedule a consultation and discuss your options.
Practical Recommendation: Register a Standard Character Mark First
In practical terms, registering a standard character mark first is often the best approach for most businesses. This initial registration provides foundational protection for your brand name, offering flexibility and security over the long term. If your budget allows, you can then consider filing a design mark as a secondary registration to protect the specific look of your brand’s logo. This approach combines the adaptability of a standard character mark with the unique visual protection of a design mark.
Additional Consideration: Copyright for Logo Designs
If you want extra security for your logo, especially if it has distinctive artistic elements, consider copyrighting it. Copyright protection prevents others from reproducing or imitating your logo without permission, giving you an additional layer of legal defense.
Conclusion
Choosing between a standard character mark and a design mark is an important decision in trademark registration. A standard character mark generally provides more long-term flexibility, adapting to changes in your brand’s visual identity without the need for re-registration. On the other hand, a design mark is ideal if your logo’s specific design is essential to your brand identity and less likely to change. For most businesses, starting with a standard character mark and adding a design mark if budget permits is a balanced approach.
For personalized guidance and to ensure your trademark is filed correctly, contact me today at (949) 433-0900 to schedule a consultation.