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Word Marks Can Use Any Font and Color

Word Marks Can Use Any Font and Color

WordMarkThe Trademark Manual of Examining Procedure (TMEP) reminds us in section 1207.01(c)(iii) that if a mark of an application or registration is “presented in standard characters, the owner of the mark is not limited to any particular depiction of the mark.” Cunningham v. Laser Golf Corp., 222 F.3d 943, 950, 55 USPQ2d 1842, 1847 (Fed. Cir. 2000); In re Cox Enters., 82 USPQ2d 1040, 1044 (TTAB 2007).

The rights associated with a mark in standard characters reside in the wording (or other literal element, e.g., letters, numerals, punctuation) and not in any particular display. In re White Rock Distilleries Inc., 92 USPQ2d 1282, 1284 (TTAB 2009). A registrant is entitled to all depictions of a standard character mark regardless of the font style, size, or color, and not merely “reasonable manners” of depicting the mark.

Accordingly, unless there is a compelling need to do otherwise, the broadest protection comes from submitting a word-based trademark application for registration with the U.S. Trademark Office.