Understanding and Registering a Standard Character Mark

Key Takeaways

• A standard character mark protects a trademark’s wording in any font, style, or capitalization, offering broad rights.
• This type of mark allows the registrant to use the trademark flexibly across marketing and branding materials.
• It differs from a special form (stylized) trademark, which protects specific visual elements.
• To register, the mark must meet USPTO eligibility requirements, including being distinctive and not merely descriptive.
• Evidence such as consumer recognition or secondary meaning may be required to prove distinctiveness for descriptive marks.
• Standard character marks are ideal for word-based branding strategies where logo design may evolve over time.
• Legal assistance can help navigate challenges in registering descriptive or generic marks.

Standard Character Mark Trademark

A standard character mark trademark is a trademark claim over a non-stylized form of a mark. For example, when submitting a trademark application for protection over your mark, you can apply for standard or styled character protection. A standard character application will provide the broadest form of protection; therefore, most people will apply for this type of protection when registering a trademark. It will allow for the registration of words, numbers, symbols, or even letters without any particular font or style.

However, a stylized character protection will protect a certain style over the mark. Therefore, if you are registering a logo entitled “Catch Me Now” in a certain font and size, then that logo is protected only in that particular font and size. If someone begins using it with a different font, size, or overall style, then you cannot claim trademark infringement against your mark.

What a Standard Character Mark Covers

A standard character mark includes only the textual elements of a trademark—letters, numbers, or a combination—without any stylization. This allows the mark to be used in any design, color, or font. Registering a mark in standard characters means you’re protecting the wording itself, regardless of how it’s presented.

To qualify as a standard character mark, the following conditions must be met:

• The mark must contain only standard characters (letters, numerals, or punctuation).
• It must not include any design, color, or stylization.
• The mark must be legible using a common font like Courier New.

This flexibility is especially valuable for brand names expected to be used in multiple styles or evolving branding campaigns. By contrast, a stylized mark protects only one specific visual representation.

Comparison: Standard Character Mark vs. Special Form Mark

A standard character mark protects the wording of the trademark in any visual presentation. In contrast, a special form trademark (also known as a stylized or design mark) protects the appearance of the mark, including font, style, or any graphical elements.

Key differences include:

If your brand name is the central focus of your identity, and you want the freedom to present it in various styles, a standard character mark is the best option. However, if the visual appearance of your mark is critical (e.g., a logo with unique elements), a design mark may be more appropriate—or both may be filed.

Registering a Trademark

Before registering your trademark, you will have to conduct a trademark search to ensure that it’s not currently in use. Once you have completed your search, you will submit an application with the United States Patent and Trademark Office (“USPTO”). Included in the application will be the following information:

• Name
• Address
• Name of trademark
• Style of trademark
• Date your mark was first used
• Description of the goods and services associated with your mark

You’ll also be required to pay the applicable filing fee with your application.

USPTO Requirements for Standard Character Marks

When registering a standard character mark, the USPTO examines the application for compliance with several key requirements:

• Distinctiveness: The mark must not be generic or merely descriptive. Arbitrary, fanciful, or suggestive marks are more likely to be accepted.
• Proper Identification of Goods/Services: You must clearly state what your trademark will be used on or with.
• Use in Commerce: The mark must be used in commerce or there must be a clear intent to use it soon.

The USPTO does not allow registration of common words or phrases used in everyday language unless the applicant can show that the term has acquired a secondary meaning—that consumers associate it specifically with your brand.

Tips for Strengthening Your Standard Character Application

To increase the likelihood of approval for a standard character mark, consider the following:

• Avoid Descriptive or Generic Terms: Words like “Fast Delivery” or “Fresh Apples” are usually rejected.
• Choose Distinctive Names: Invented words or those with no direct relation to your product (e.g., “Zappos”) are strong candidates.
• Provide Evidence of Secondary Meaning if using a descriptive term:
  • Length and manner of use
  • Sales volume and geographic reach
  • Advertising and promotional efforts
  • Third-party recognition (media mentions, awards)
• Ensure No Likelihood of Confusion: Conduct a thorough trademark search to ensure your mark doesn’t closely resemble existing marks in related industries.

Advantages and Disadvantages of the Trademark Process

There are many advantages to having trademark protection, the main advantage being the fact that you have ultimate protection over a standard trademark. Yet while you have greater protection over a standard trademark, there are some drawbacks to the application process for filing for stylized trademark protection.

For example, as previously noted, the stylized trademark will only protect your word, phrase, or logo in that particular style. Therefore, if you also want overall protection over the terminology, then you will need to submit a separate standard trademark protection request, which will result in additional fees.

With that said, it might be much easier to obtain a stylized trademark rather than a standard one. For example, you cannot take any descriptive words you want and seek trademark protection over them. But if you request stylized trademark protection, then the USPTO will more likely accept such a request, as it only protects one specific style of those words.

If you do attempt to get trademark protection over a standard mark, you might find yourself in court trying to prove that there is a distinction in the words you want protected, as certain descriptive terms are generally not accepted due to the commonality of such words. You can prove distinctiveness by showing how those words correlate to your business. In order to do this, you can use the following evidence:

• Identify your advertising campaign for the service or good associated with the mark.
• Specific sales of the mark.
• Surveys evidencing how consumers see the good or service associated with the mark.
• Surveys showing what customers think of when hearing the term or logo that you are requesting protection over, i.e., If you use one word as your mark, what does a customer think of when hearing that term? Do they think of your brand? Or do they think of the plain meaning of that term?

The USPTO will also consider evidence of a secondary meaning of the descriptive mark, which will further prove uniqueness of your mark. If you can prove that your standard character mark trademark is distinctive, then the USPTO will more likely approve the application.

With regard to fantasy wording, i.e., made up wording, this will almost always be approved for trademark protection, as the term is only used in reference to your business. While some advertising companies might want the company’s name to give some sort of indication as to what the business does, there is no argument that can be made for a company wanting to trademark its business name if the name is made up.

When to Choose a Standard Character Mark

Opting for a standard character mark makes the most sense in these scenarios:

• You plan to vary your brand’s design over time but want to protect the name itself.
• The trademark will appear in many formats, such as on packaging, websites, merchandise, and print ads.
• Your mark consists of words or letters only, without any unique design features.
• You want the broadest enforcement rights against others using the same wording in different styles.

However, if the exact look of your mark (e.g., a specific font or color) is essential to brand recognition, or you use a graphic logo, consider registering a special form mark as well—or in tandem.

Frequently Asked Questions

1. What is a standard character mark? A standard character mark protects the textual elements of a trademark without regard to font, style, or color.

2. Is a standard character mark better than a design mark? It depends on your needs. A standard mark provides broader protection, while a design mark protects specific visual elements.

3. Can I trademark a common phrase as a standard character mark? Only if the phrase has acquired distinctiveness or a secondary meaning in the minds of consumers.

4. Can I register both a standard and a design mark? Yes. Many businesses register both to cover the name and its stylized presentation.

5. Do I need an attorney to register a standard character mark? While it's not legally required, an attorney can help improve your chances of approval, especially if your mark is descriptive or potentially conflicts with others.

If you need help learning more about a standard character mark trademark, or if you want to speak to an attorney regarding assistance with your trademark application, you can post your legal need on UpCounsel’s marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.