Breaking Down the Code

Last month we took a quick look at how to conduct a logo search at the USPTO. This month let's look closer at the USPTO Design Code Manual.

All designs have a 6-digit code, which the USPTO assigns to each filed design. The design search code system is very Dewey Decimal-esque in that each 2-digit section denotes a specific category. Let's take a look at a couple of famous examples:

First two digits, the Category: 02 = human beings

Next two digits, the Division: 05 = children

Last two digits, the Section: 01 = heads, portraiture, busts of children not in profile

The Gerber baby logo is categorized as 02.05.01

Now let's look at a design that contains several codes. This will illustrate just how complex filing a trademark for a logo can be, in terms of researching a logo and providing the correct description on the application to the USPTO.

Mr. Peanut, the logo and mascot of Planters Nuts is categorized into SEVEN different design codes:

02.01.32 - Astronauts (men); Frogmen; Men, other, including frogmen, men wearing space suits and men wearing monocles; Monocles (men wearing)
02.01.34 - Monsters (not robots); Other grotesque including men formed by plants or objects
04.07.02 - Objects forming a person; Person formed by objects
05.07.05 - Nuts (edible), With shells
09.05.02 - Top hats
10.03.02 - Canes, walking; Shepherds crook (staff); Walking sticks and canes
16.03.08 - Contact lenses; Lenses, optical, and spectacle; Monocles

So you can see even a seemingly simple design, a peanut figure wearing a top hat, cane and monocle has a very complex design labeling assigned to it.

Please see here for further details about our Federal Design Trademark search services.

Logo Search: Trudging through the USPTO

Searching for designs on the USPTO site is a bit tricky. I'll explain it step by step.

First, go to this link. This is the searchable design search code manual. Type in simple keywords that describe your logo. For instance, typing in telephone brings up the 6-digit codes for telephones, telephone poles, answering machines, etc. Make note of all the 6-digit codes relevant to your logo.

Second, go to this link. This is the main trademark hub page. From here you'll see 2 columns. Look at the right hand side for a link that's titled Search. Click on that.

Now click on Structured Form Search (boolean). In the first search term box, type in the 6-digit code, no spaces & no dots. Change the field to Design Code. Stopping here will likely result in too many hits to look at so let's use the rest of the search boxes to narrow it a bit.

Change the operator to AND. In the next search term box, choose one keyword that describes your goods/services, e.g. clothing, software, etc. Change the field to Goods & Services. Now click Submit Query.

You should then see a listing of marks that you can view in more detail.

I've been in the trademark field for 14 years & I do not recommend that anyone conduct this logo search & consider themselves to be done. There are so many nuances within the USPTO as well as with trademarks in general that the likelihood of missing something is high. However, I feel the above provides a good snapshot of how involved searching logos can be & is a nice primer for those folks interested in protecting their logo.

You've got to keep the USPTO's guidelines in mind. Logos need not necessarily be exact to be considered a similarity. They take into consideration things such as similarities in Appearance or Meaning as well as similarity in industry. Your logo may look like one definite thing to you but you have to emotionally detach yourself from it & see all the inherent possibilities. It's those possibilities that will also have to be searched.