Trademark Registration: Understanding the Distinction Between Standard Character Mark and Stylised Mark

Abstract

When registering a trademark, one of the most vital decisions that trademark owners must make is choosing whether to register the trademark as a standard character mark or as a stylised mark. Understanding the difference between these types of trademark is crucial. An incorrect choice can have serious unintended consequences in the short- and long-run. Where practicable, it is usually advised that both the standard character mark and the stylised mark should be registered in separate applications. This affords comprehensive protection and allows the trademark owner to use or display the words and logo in their trademark differently and separately, in any form, orientation, or arrangement, without offending the ‘material alteration rule’ and without needing to refile the various displays or placements as new trademarks. This essay briefly considers the meaning and functions of trademark. It then goes on to describe the distinctions between standard character mark and stylised mark.