Differences Between Word Marks & Design Marks: Choosing the Right Application to File

If you’re considering filing a trademark application for a new mark, a preliminary issue you must decide is whether to file the application as a word mark or design mark, or both. A registration for a word mark basically protects the wording regardless of style. Thus, applications for word marks nowadays must include a Standard Character Claim which recites "The mark consists of standard characters without claim to any particular font, style, size or color."

If you want to protect a graphic that has no wording, then you must file a design mark.

If your mark includes a very distinctive logo with particular graphics and/or stylized wording, you can file a design mark. Keep in mind, however, that obtaining a registration on a design mark requires you to use the same design over the course of the next several years in order for you to maintain and renew your registration. A registration for a word mark, on the other hand, allows you to use the mark in several different designs so long as the wording remains the same.

Of course, if your mark includes both wording and design/style elements, consider filing two trademark applications: one as a word mark, and the other as a design mark.