Trademark Question - Characters or Logo

[kcwebguy]

Missouri, USA

I need to file a trademark application for a product name. I am wanting to trademark the characters that make up the word and not necessarily any style or particular font for the characters.

However, the only specimen that I have is the product packaging. On the product packaging the word is definitely stylized with special fonts and a drawing.

I want to be able to trademark the word by itself with normal characters and not a stylized version. Will the USPTO throw that out if I present a specimen that has special decorative attributes even though I am presenting just a plain character application?

How should I proceed?

 

[quincy]

Ah. You are in Missouri. You didn't mention that in your other thread.

You can use the following link (which provides you with additional links) for answers to your questions: http://cyber.law.harvard.edu/metaschool/fisher/domain/tm.htm. This is the same link I provided you in your other thread.

You will register your word mark, and the stylized letters used for the mark on the packaging should not cause questions for the trademark examiner if you are registering a stylized letters mark. The standard character mark provides you with broader rights, however. I guess I am not clear why you have your product packaging using stylized letters if you do not plan to use a stylized mark. ?

For specific information on mark registration, go to this link: http://www.uspto.gov/trademarks/basics/mark.jsp

Because you have started two threads with questions, I think you might benefit from sitting down with an IP attorney in your area, for help with your trademark application.

Good luck.