[E-trademarks] Inverted letters - Standard Character or design?

[Ken Boone]

I'm still NOT an attorney, so I'll just ask questions?

Is the proposed standard character mark so unique that it would likely register?

Can the applicant afford to submit 2 applications: a standard character application and a special form application?

The characters ² and ³ are not included in the standard character list, but then you might try the search

LD:true AND MD:(TYPED STANDARD) AND RN:* AND WD:( *²* *³*)

and see the following 10 trademark registrations.

SN
RN
WM
90515424
6601777
PERK²O
88751137
6660260
NB² NOTHING BUT BOURBON
79309572
6681597
X²
79300503
6481179
CHAMP²
79292893
6375274
P³ PULSE
79288581
6391860
E²X
79285188
6236004
VESTAMID E²X
79235429
5772081
SEC³URE
79217517
5393793
BRILLNICS H³DR
79166932
5742038
PRESTA²

Could one argue that the applications should have used the ordinary digits 2 and 3, so these are invalid standard character mark registrations?  (FTR, I'm pretty sure TEAS does not allow either ² or ³ in the word mark entries for standard character marks.)  Alternatively, could one argue that simply the word mark entries to use the ordinary digits 2 or 3 instead of the invalid standard characters ² or ³?  (It appear to me that the IB accepts ² and ³ as valid standard characters, a bit of a disconnect with the USPTO.)

Now try the search LD:true AND MD:(TYPED STANDARD) AND RN:* AND DE:(reverse*) and two hits relevant to the original question appear.  (The 3rd hit looks like a standard character mark blunder, but I'm still NOT an attorney.)

[https://tsdr.uspto.gov/img/76222868/large]
SN: 76222868
WM: E-DRIV
Standard Character Claim:     Yes. The mark consists of standard characters without claim to any particular font style, size, or color.
Mark Drawing Type: 1 - TYPESET WORD(S) /LETTER(S) /NUMBER(S)
Description of Mark: The mark consists of the letters "E-DRIV" with the "R" reversed.

[https://tsdr.uspto.gov/img/87393696/large]

SN: 87393696
WM:  BACKENDBENCHMARKING
Standard Character Claim:     Yes. The mark consists of standard characters without claim to any particular font style, size, or color.
Mark Drawing Type:      4 - STANDARD CHARACTER MARK
Description of Mark:    The mark consists of the words "Backend Benchmarking" with no space between and with the two initial "B's" capitalized and the "D" in "Backend" both capitalized and in reverse form.

Of course, standard character marks rarely have description of mark entries.  The following two searches suggests only 9,757 of 2,340,905 live typed drawing - standard character mark registrations have description of mark entries.

2,340,905 results for LD:true AND MD:(TYPED STANDARD) AND RN:*
       9,757 results for LD:true AND MD:(TYPED STANDARD) AND RN:* AND DE:*

Happy Trademarking,
Ken Boone

________________________________
From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com> on behalf of Dale Quisenberry via E-trademarks <e-trademarks at oppedahl-lists.com>
Sent: Friday, March 29, 2024 8:59 AM
To: Crane, Susan via E-trademarks <e-trademarks at oppedahl-lists.com>
Cc: Dale Quisenberry <dale at quisenberrylaw.com>
Subject: [E-trademarks] Inverted letters - Standard Character or design?


Listmates,



I think I know the answer to this but not certain.



Client has a mark that is a word with one letter inverted.



I’m thinking I need to file that as a design application, not standard character.



Agree?



Thanks.



Dale



C. Dale Quisenberry

Quisenberry Law PLLC

13910 Champion Forest Drive, Suite 203

Houston, Texas 77069

(832) 680.5000 (office)

(832) 680.1000 (mobile)

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www.quisenberrylaw.com<http://www.quisenberrylaw.com/>



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