[E-trademarks] Does Font Matter for a Stylized Mark with Non-Standard Character?

[Ken Boone]

I recently noticed 98566492 with the following mark information (highlighting mine), except this trademark is still pending.
Description of Mark:    The mark consists of the hebrew letters אור התורה without claim to any particular font or style.
Translation:      The English translation of אור התורה in the mark is light of torah.
Transliteration:  The non-Latin characters in the mark transliterate to ohr hatorah and this means light of torah in English.

I'm thinking that the inclusion of Unicode characters in trademarks will be occurring more frequently in the future.  Since the description of mark and translation fields can handle Hebrew letters, plus those particular characters now are searchable on Trademark Search, it makes sense (to me at least) that Unicode characters can be included in essentially any free text field for trademarks including the word mark.  But I digress.

The search SN:( 98292030 88406679 88267894 87918711 87440276 86901280 86070333 85944711 85830248 85794880 85411453 85310571 85309749 85304578 78976706 78513902 77778587 77621830 76600365 ) retrieves 19 live registrations.  None of these trademarks are typed drawings or standard character marks.  All have description of mark entries that are relevant to this non-standard character trademark theme.  Yes, some are design only marks, and some have the standard character claim as the description of mark (but are NOT considered standard character marks by the USPTO).

SN
WM
DE
98292030

The mark consists of a design of a shield without claim to any particular font style, size, or color.
88406679
BHB THE BARBHER BRAND   The mark consists of The letters "BHB" centered along with a barber pole enlarged behind the "H". Around the centered "BHB" is a wreath on each side and a straight razor below the "BHB". Above the centered "BHB" are the words "THE BARBHER" and below the "BHB" under the straight razor states the "BRAND" without claim to any particular font, style, size , or color the the phrase "The BarbHer Brand".
88267894
FH FIRST STOP HEALTH    The mark consists of the letters "F" and "H" connected therebetween by a zigzag, valley and peak line and accompanied by the words "first stop health", all without claim to any particular font or color.
87918711
SPITZBERG OPTRONICS     The mark consists of the letters "F" and "H" connected therebetween by a zigzag, valley and peak line and accompanied by the words "first stop health", all without claim to any particular font or color.
87440276
        The mark consists of a silhouette of a pregnant woman with her hand on the side of her stomach, without claim to any particular font style, size or color.
86901280
        The mark consists of a design comprised of a semicircle and single vertical line in the center of the semicircle without claim to any particular font style, size or color.
86070333
BAYWOOD The mark consists of a graphic depiction of a fountain where six streams of water or lines, start equidistant at a base, or the bottom of the image and furl away from the base and the center as the streams of water move upwards to form the fountain. From the center, three lines on either side are mirrored by the other three equidistant lines. The image is followed by the word "Baywood", which consists of standard characters, without claim to any particular font, style, size, or color.
85944711
BB      The mark consists of a backward "B" and a forward "B" with an eight-pointed snowflake between the letters and a bicycle chainring design within a hexagonal center of the snowflake. The logo mark is provided without claim to any particular font style, size or color.
85830248
TRANSFERWISE    The mark consists of standard characters, without claim to any particular font style, size or color.
85794880
YESCALATE       The mark consists of the term YESCALATE in block capital letters without claim to any particular font, style, size, or color. The uppermost horizontal member in the last E in YESCALATE is detached and raised relative to the rest of the letter E. To the right of the first raised member is a second raised member that is similar to the first raised member but which appears slightly elevated with respect to the first raised member. Thus, the upper member of the T, the upper member of the E and the second raised member form a series of steps that increase in height from left to right.
85411453
G GRIFFENDORF   The mark consists of the word and letters "GRIFFENDORF" positioned to the left of and before a design depicting the head and body of an eagle and body of a lion superimposed over a fanciful letter "G" in gray wherein the word portion of the mark consists of maroon colored standard characters, without claim to any particular font, style, or size. The "griffin" is gold in color with purple on the wings, neck, head and tail. The white in the mark is for background purposes and is not part of the mark.
85310571
PARAGON The mark consists of the word PARAGON enclosed by a rectangle with the center letter "A" stylized, without claim to any particular font, size or color.
85309749
PARAGON The mark consists of the word "PARAGON" enclosed by a rectangle with the center letter "A" stylized, without claim to any particular font, size or color.
85304578
INVUE   The mark consists of stylized characters i n v u e as shown, with a right-angled triangle replacing the tittle of the "i", without claim to any particular font, size or color.
78976706
LYCRA   The mark consists of a triangular shape depicting a wave and the word LYCRA in standard characters without claim to any particular font, style, size or color.
78513902
PRISMAFLEX      The mark consists of a design variation of the word "prismaflex" in lower case with the letter "x" exaggerated, without claim to any particular font, style, size or color.
77778587
        The mark consists of charactres without claim to any particular, font, style, size or color.  [Transliteration: The non-Latin characters in the mark transliterate to Lai Li Shi and this means energy come back in English.]
77621830
HERBOLD The mark consists of standard characters without claim to any particular font, style, size, or color.
76600365
NAVI GUARD      The mark is presented in standard characters, without claim to any particular font, style, size or color.

Below are a few of the drawings in no particular order.

[previously viewed                          Image for 77778587, select for more details]



[previously viewed                          Image for 85309749, select for more details]



[previously viewed                          Image for 78976706, select for more details]

[previously viewed                          Image for 85411453, select for more details]

[previously viewed                          Image for 85830248, select for more details]

[previously viewed                          Image for 87440276, select for more details]


[previously viewed                          Image for 86901280, select for more details]





Happy Trademarking,
Ken Boone


PS - The Trademark Search Summary screen still does NOT include the description of mark or translation/transliteration statements.  Really?  I had to toggle to TSDR to copy those statements.  Shouldn't every field occurring on registration certificates be included in that Trademark Search Summary listing?  Those fields also are not provided in the Export files.  Thank you, USPTO, for the inconvenience.

PPS - Yes, I appended a question mark (?) to the Subject line in this reply.
________________________________
From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com> on behalf of Gerry J. Elman via E-trademarks <e-trademarks at oppedahl-lists.com>
Sent: Friday, December 20, 2024 4:37 PM
To: For trademark practitioners. This is not for laypersons to seek legal advice. <e-trademarks at oppedahl-lists.com>
Cc: Gerry J. Elman <gerry at elman.com>
Subject: Re: [E-trademarks] Does Font Matter for a Stylized Mark with Non-Standard Character


Might it depend on Applicant’s description of the mark?



-Gerry

Gerry J. Elman, J.D.

Elman IP

Intellectual Property Matters

6117 St. James Place, Denton, TX 76210

610-892-9942   www.elman.com<http://www.elman.com/>







From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com> On Behalf Of Orvis PC via E-trademarks
Sent: Friday, December 20, 2024 4:33 PM
To: e-trademarks at oppedahl-lists.com
Cc: Orvis PC <orvispc at gmail.com>
Subject: [E-trademarks] Does Font Matter for a Stylized Mark with Non-Standard Character



I need to file a mark with a word where a non-standard character (https://www.uspto.gov/trademarks/standard-character-set) replaces a letter. So, I need to create a .jpg and file as a stylized mark.



Will the PTO require evidence of use with the same font used to create the .jpg for the stylized mark? No one knows what the font will be when use starts.





P
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