[E-trademarks] Standard Character Watch: 79409085 - A³-SHIELD - Now Scheduled For Publication!?!?

[Ken Boone]

79409085, the mark A³-SHIELD in standard characters, has been approved for publication and is scheduled to be published on July 29th.

Everyone is okay with this standard character mark, right?

Yes, that was a rhetorical question.  The last I checked (a few minutes ago), the superscript ³ character is NOT included on the USPTO's standard character list.

Per TMEP 807.03(b)    List of Standard Characters (highlighting mine):
The USPTO has created a standard character set that lists letters, numerals, punctuation marks, and diacritical marks that may be used in a standard character drawing.  The standard character set is available on the USPTO website at https://www.uspto.gov/trademark/standard-character-set. If the applicant has claimed standard character format and the drawing includes elements that are not in the set, then the examining attorney must treat the drawing as a special form drawing, ensure that the mark drawing code is changed, and require the applicant to delete the standard character claim.  See TMEP §807.18<https://tmep.uspto.gov/RDMS/TMEP/current#/current/TMEP-800d1e2068.html> concerning mark drawing codes.
In a §66(a) application, if the drawing includes elements that are not in the standard character set, the examining attorney must require deletion of the standard character claim even though the international registration indicates that the mark is in standard characters.   See Guide to International Registration, B.II.07.44.
Per TMEP 807.04(b)    When Special Form Drawing Is Required (highlighting mine):

A special form drawing is required for marks that contain superscripts, subscripts, exponents, or other characters that are not in the USPTO’s standard character set.   In re AFG Indus. Inc., 17 USPQ2d 1162, 1164 (TTAB 1990) (requiring special form drawing for raised numeral).  See TMEP §807.03(b)<https://tmep.uspto.gov/RDMS/TMEP/current#/current/TMEP-800d1e1215.html> regarding the USPTO’s standard character set.

FTR, I did include the search WD:( *©* *²* *³* *•* *¹* *¼* *½* *¾* *™* *¦* *¯* *†* *‡* *ˆ* *®* ) AND LD:true AND MD:(TYPED STANDARD) in my Quality Control Checks Using Trademark Search reports to identify standard character marks that include unacceptable characters.  Today, that search identifies the following pending standard character marks.

#
SN
FD
WM
1
79409085
01/19/24
A³-SHIELD
2
79419603
01/24/25
Q² INFINITE
3
79419604
01/24/25
Q² LEATHERSHIELD
4
79419605
01/24/25
Q²M WETCOAT
5
79419606
01/24/25
Q²M INTERIORDETAILER
6
79419607
01/24/25
Q² CANCOAT
7
79419608
01/24/25
Q² PURE
8
79419766
01/24/25
Q² MOHS
9
79419773
01/07/25
EDU SMART SCHOOLHUB®
10
79423979
02/24/25
AXIS²
11
79425207
05/07/25
FIX² TURBO GT
12
98807535
10/17/24
GREAT•FUL
13
99138089
04/15/25
THE RESILIENT COMMUNICATION FRAMEWORK™: TOOLS TO REGULATE, RESPOND, AND RELATE. COMMUNICATE WITH CLARITY, EFFECTIVENESS, AND PURPOSE—EVEN IN HIGH-PRESSURE OR UNCERTAIN MOMENTS. GROUNDED IN BRAIN-BODY AWARENESS, THIS FRAMEWORK BUILDS SELF-REGULATION AS THE FOUNDATION FOR NAVIGATING CONVERSATIONS, CONFLICT, AND ADVERSITY WITH GREATER CONFIDENCE AND CONNECTION.
14
99197522
05/22/25
DARRYL GENE RUSSELL©
15
99203691
05/27/25
RYAN ONEAL JOSEPH™️
16
99231314
06/22/25
RAULIN RODRIGUEZ EL CACIQUE ™

Following is the relevant information for 79409085 via TSDR.

Mark: A³-SHIELD   
[previously viewed                          Image for 79409085, select for more details]
US Serial Number: 79409085    Application Filing Date:      Jan. 19, 2024
Register:   Principal
Mark Type:  Trademark
Status:     Review prior to publication completed.
Status Date:      Jul. 09, 2025
Publication Date: Jul. 29, 2025           
Mark Information
Mark Literal Elements:  A³-SHIELD
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

Hopefully, someone will pass this alert to an appropriate USPTO contact.  My efforts to alert the USPTO of quality concerns like this have failed.

Happy Trademarking,
Ken Boone
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://oppedahl-lists.com/pipermail/e-trademarks_oppedahl-lists.com/attachments/20250710/3bf45c92/attachment.html>