Broadly speaking, there are two types of trademarks: stylized design/logo trademarks and standard character/word trademarks. Here is a quick description of the similarities and differences.

Stylized Logo Trademarks

Stylized logo trademarks are very common in use and, literally, millions of them have been successfully registered with the US Patent & Trademark Office (“USPTO”). Some are simple like the Nike “Swoosh” design. Others are more complex. As the name implies, a stylized logo is a design of some sort that is unique and uniquely identifies the company or business that provides the goods or services with which the trademark is associated. A stylized logo may include words — but does not have to — and consists of many possible design elements. For example, a logo may contain unusual types of characters and unique lettering for words like the stylized lettering used in the famous KISS logo for the band. Coloring and shapes may also distinguish a logo such as the green square used by H&R Block. Font size and placement of lettering may also create a unique logo that functions as a trademark. For example, in one case involving competing claims to trademarks for Detroit coffee brands, the court noted that the competing trademarks were distinguishable partly because one trademark emphasized the word “BOLD” while the competing trademark emphasized and enlarged the word “DETROIT.”

Standard Character Word Trademark

By contrast, a standard character word trademark does not contain any design elements. It is a text-only word or phrase that is used as a trademark. There are no stylized elements to the words, no fonts or special lettering or color or variations in size or capitalization.

Which Type of Trademark Should I Create and Register?

Each type of trademark has advantages and disadvantages. Stylized logos have the advantages of being relatively easy to create and easy to make distinctive. Distinctiveness is an important factor in being able to register a trademark with the USPTO. If a trademark is not distinctive, it will not be registered, or, more accurately, will not be registered until the trademark has acquired distinctiveness by long-term use in commerce.

Stylized logo trademarks have the disadvantage of having a somewhat narrow range of trademark protection. This is because a different stylized logo can be created with enough changes that the two logos will not cause confusion in the minds of consumers. Stylized logo trademarks also have the disadvantage that they must be used exactly as they are to satisfy the continuing use-in-commerce requirements of trademark registration.

On the other hand, standard character trademarks have the advantage of having a slightly broader trademark protection. This is because a character trademark can be modified by font, unique lettering, color, size, capitalization and placement. These types of changes do not diminish the protections afforded by registration. The trademarked word or phrase is protected by trademark law however they are used. But, as noted, with a stylized logo, even small changes might result in the USPTO requiring a new trademark application to be filed.

For these and other reasons, many companies and businesses create and register both standard character and stylized logo trademarks.

Contact Revision Legal

For more information or if you have questions about creating and registering a trademark, contact the trademark lawyers at Revision Legal at 231-714-0100.

Understanding Defamation: Libel and Slander

Defamation is the publication of a false statement of fact that harms a person’s reputation. It is a civil tort actionable in every US state. At common law, defamation divides into two categories: libel refers to written or otherwise fixed defamatory statements, while slander refers to spoken defamatory statements. The distinction matters because libel is generally presumed to cause harm, while slander typically requires proof of actual damages — unless the statement falls within a category of slander per se.

Elements of a Defamation Claim

To succeed on a defamation claim, a plaintiff must generally prove: (1) a false statement of fact — opinion is constitutionally protected; (2) publication to at least one person other than the plaintiff; (3) identification — the statement must be of and concerning the plaintiff; (4) fault — at minimum negligence; for public figures, actual malice is required; and (5) damages — actual harm to reputation, though some categories presume damages.

Public Figures vs. Private Individuals

The constitutional framework governing defamation was fundamentally altered by the Supreme Court in New York Times Co. v. Sullivan, 376 U.S. 254 (1964). Under Sullivan and its progeny, a public official or public figure cannot recover for defamation relating to their public role unless they prove the defendant acted with actual malice — knowledge that the statement was false or reckless disregard for its truth or falsity. This heightened standard protects robust public debate under the First Amendment. Private individuals face only a negligence standard in most states, making their claims significantly easier to pursue.

Slander Per Se

At common law, four categories of slander are actionable without proof of special damages — slander per se: (1) accusations of a crime involving moral turpitude; (2) statements that injure a person in their trade, business, or profession; (3) accusations of having a loathsome disease; and (4) imputing sexual misconduct. These categories allow recovery without specific proof of economic loss because harm to reputation is presumed from the nature of the statement.

Defenses and Online Defamation

Truth is an absolute defense to defamation — if the statement is substantially true, no claim can succeed. Several privileges also protect certain statements: absolute privilege applies to legislative and judicial proceedings; qualified privilege protects good-faith statements on matters of common interest such as employment references; and the fair comment doctrine protects expressions of opinion on public interest matters. Online defamation raises unique issues. Section 230 of the Communications Decency Act, 47 U.S.C. § 230, immunizes internet platforms from liability for content posted by third parties. Your claim must be directed at the person who wrote the statement — not the platform. Identifying anonymous online defamers often requires filing a lawsuit and using discovery subpoenas to unmask them. If you have been the target of defamatory statements, contact the defamation and internet attorneys at Revision Legal at 231-714-0100.