QUESTION

What's the difference between design and word marks?

Asked on Feb 12th, 2021 on Intellectual Property - North Carolina
More details to this question:
I'm filing a trademark for my company and want to know the difference between a word and a design mark. For the sake of explaining this let's say my company's name is Random, but the R is styled differently than the rest of the letters, and we occasionally use the styled R by itself. If I were to upload the image of the Random logo, would this protect my company against people using the name Random in association with the goods/services we sell, and would it also protect against the R by itself?
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1 ANSWER

Intellectual Property Attorney serving Vienna, VA at Dunlap Bennett & Ludwig PLLC
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A design mark that is simply a version of the word mark is examined and in virtually the same manner as if you had not filed a desing at all.  the primary difference is that the stylized version of the word offers you less protection than if you sinmply file a trademark without claiming any of the stylized elements.  A standard character mark, where you do not claim any design elements, if registerted, provides you with the broadest possible protecting, effectively claiming all styles, fonts, colors, and versions of the words themselves.
Answered on Mar 01st, 2021 at 11:11 AM

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