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.

Logos, USPTO Style

This post inspired me to talk a bit about how the USPTO classifies logos.

The USPTO designates six digit coded numbers for each & every logo that's submitted. And, boy, do they get specific. Let's take a look at some examples:

020315: Women wearing scarves on their heads



This logo is registered to Duncan Sutherland who is using this logo in connection with skin care services & products.

Most logos are going to have more than one coding and this mark is no different: 020322, busts of women in profile; 020324, women depicted in caricature form; and, 261101, rectangles.

040525: Other mythological or legendary animals




This interesting logo is owned by Stone Brewing Co. for clothing. Of course, this logo is also coded for beer steins, 110302.

160108: Telephones



Sam Chiodo owns this logo for concierge services & is also coded with 021107: arms, fingers, hands, etc.; 090312: gloves; 110325: serving trays

By looking at just 3 examples, you can see how detailed the process is when filing for a trademark on your logo.

When having a logo search done, it's absolutely a priority that the correct design codes are searched.

If you've got a logo & are wondering what codes apply to you, let me know, shannon@tmexpress.com

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As internet speak and emoticons become more and more prevalent, it only stands to reason that folks are going to start capitalizing on it, which in turn leads to them wanting to protect their work.

So, do you trademark or copyright these symbols?

Actually, you can do both. Let's look at examples of each.

Copyrights:

Now there are a countless number of emoticons/face images out there but if you do happen to create a new one look into filing for a copyright. Yahoo ® did & you can see that record here.

Trademarks:

If you are using emoticons/face images in connection with products and/or services, consider filing for a trademark. Of course, comprehensive research is needed first to ensure that no other party has attempted the same. The USPTO even has a new design code designation just for emoticons.

Plenty of people have already capitalized on this new 'language' in terms of trademarks. Despair Inc has done so for their line of greeting cards, posters & art prints. Check out their products here. To see their USPTO filing, go to the USPTO Status Page and enter in the Serial Number 75502288.

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Trademark Information
What good is a logo anyhow?
You Sure It's a Copyright You Need?

How to Know When to Trademark Your Logo

I got a really great question from a reader in response to my first call for questions:

"I have a product that I want to market and have a name. I do not yet have a mark for this product but want to protect the name. Do I file intent to use and can I do that without having the actual mark?"

There's two distinct questions here – (1) the use of Intent-to-Use & (2) adding a logo after the fact.

(1) Intent-to-Use Trademark Applications: I will definitely dedicate a more detailed post to these two types of applications but to sum it up…

A mark, be it a name, logo or slogan, must be in use in at least 2 states OR between the US & any foreign country in order to obtain Federal trademark registration. However, an applicant can file the mark even if they're only doing business in one state OR not in business at all.

There is a hiccup in filing an Intent-to-Use application in that the USPTO is going to need to know that the mark is being sold across state lines or in another country. This requires another form, a $100 and a specimen.

(2) Adding a Logo to Your Trademark Application:

The USPTO is vague & clear about this matter in a way that really only the Federal government could be:

"The examining attorney will determine whether any proposed amendment of the mark is acceptable. A change is not acceptable if it materially alters the character of the mark. The modified mark must contain what is the essence of the original mark, and the new form must create the impression of being essentially the same mark."

Eh, what? Okay, so basically, if you intend to add anything at all to your trademark application AFTER it's been filed, it has to be something very, very slight. For instance, you may be able to delete generic or descriptive words from your filing.

But, of course, the USPTO has a caveat about that too: "For example, the deletion of the generic name of the goods or services would not generally constitute a material alteration, unless it was so integrated into the mark that the deletion would alter the commercial impression."

So, in a long winded way, it's probably not possible to add a logo to a pending application as the addition of the logo will more than likely "materially alter" the mark. But as with most trademark issues, it's recommended that you consult with a trademark company or attorney about your specifics.

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Trademark Application FAQ
What good is a logo anyhow?