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Frequently Asked Questions

What should accompany the application when filing for trademark protection with the USPTO?

When filing for trademark protection with the United States Patent & Trademark Office (USPTO), it's crucial to include specific elements with your application. One of the most important elements is the drawing of the mark. This is a visual representation of your trademark, which could be a wordmark, a logo, or a composite trademark that combines both words and designs. If your trademark includes a stylized design, it's essential to present it in the special format that it will appear in. This is because the USPTO and courts often give greater weight to the more significant feature during their likelihood of confusion analysis. In most instances, the word element will be given the greatest weight, as consumers are more likely to use words for reference in regards to goods and services. However, it's important to note that even though the USPTO will consider the words the dominant features, courts may be more flexible when considering which element should be considered the dominant one. Therefore, it's crucial to ensure that your application accurately represents your trademark in its entirety, including any stylized designs or word elements.

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