Tag: trademark drawing

What is a drawing?

A drawing is, in essence, your trademark. It is the exact representation of your trademark as you are, or intend, to use it. Drawings can be “typed” or they can be “special form drawings. A drawing is typed when it only standard Latin characters (words, numbers, letters). Drawings that are special form are those which contain a specific design, style, or color. When choosing what sort of drawing is best for you it is important to consider what is most important to protect for your trademark and your business. Some business owners even file separate applications for the typed text of their trademark and their logo design. What is right for you depends on what your business goals are, the level of protection you are seeking, and how much have invested in your business and your trademark. The specimen/sample that you will have to submit to the USPTO will have to exactly match the drawing. Once filed material changes cannot be made to your drawing, so before submitting it make sure that is exactly what you want!

This blog is not legal advice and is not specific to your application. You should always consult an attorney.

Making sure your specimen is correct

When filing a trademark application, you will have to include a specimen at some point in the process. A specimen is a sample that shows that you are using your trademark in commerce. What is exactly needed varies from application to application depending on your goods/services and what class they are in. Each international class included on your application will require a separate specimen. The sample should show your trademark being used on your goods/services or in connection with them. An example for goods could be your trademark appear on the goods or on the tag or label for your goods. An example for services could be your trademark appearing on a promotional material or a website where you advertise or provide your services. The trademark as it appears on your sample must exactly match what you applied for as it appears on your drawing! It is important to note that the law requires that your sample must have been in use on or before the filing date of your application (for actual use applications) Or on or before the date of filing a Statement of Use (for intent to use applications). Getting your specimen correct the first time can save you a lot of time and possibly money. It is always recommended to find out exactly what your specific application needs by having a licensed attorney review it.

This blog is not legal advice and is not specific to your application. You should always consult an attorney.