When you apply for a trademark with the U.S. Patent and Trademark Office (USPTO), you must include a “drawing” of the mark. This drawing shows what exactly you want to protect. The USPTO recognizes several types of trademark formats (or drawing types), each suited to different kinds of marks. Choosing the right format is important, because it defines the scope of your rights. In this guide, we’ll explain the main types of trademark and the drawings included, from standard character (word) marks to logos, trade dress, and even non-traditional marks like sounds or colors. We’ll also give real-world examples and practical tips so you can decide which format fits your business best.

What it is: A standard character mark (formerly called a “typed drawing”) is essentially a trademark on the wording itself, without any claim to a specific font, style, size, or color. See TMEP §807.03; 37 C.F.R. §2.52(a). You’re protecting the text of the mark (letters, numbers, and common punctuation) in any visual form. The USPTO’s rules say a standard character drawing must include text only, no logos or designs, no stylized fonts or color, typically shown in all capital letters in black on a white background. See TMEP §807.03. For example, if your brand name is ACME, registering it as a standard character mark means you have the right to use the word “ACME” as a trademark for your specific good or service, no matter what font or color it’s displayed in.

Why use it: This format gives the broadest protection for a word or phrase. Because you are not limiting your mark to a specific design, it covers all appearances of that wording. If you register a standard character mark, someone cannot avoid infringement just by changing the font or color of your brand name. Your registration covers the name itself. Of course, there are exceptions to this, for example when a court is evaluating the “confusion test” they will look to how the stylization of the marks appear. See RXD MEDIA, LLC v. IP APPLICATION DEVELOPMENT LLC, 986 F.3d 361, 373-4 (2021) (“in reviewing the similarity of the marks, a court focuses on whether there exists a similarity in sight, sound, and meaning that would result in confusion”) (citation omitted). For small businesses, this is often ideal for protecting brand names, product names, or slogans.

Drawing & specimen: For a standard character application, you typically just type the word(s) into the application. The USPTO will include a standard character claim automatically, stating that “the mark consists of standard characters without claim to any particular font style, size, or color”. TMEP §807.03(a). You won’t need to upload any special image of the mark, since the plain text is your drawing. Uploading a special image of your mark can endanger your application and make it viewed as a special form drawing application. See TMEP §807.03(c). When it comes time to submit a specimen (an example of the mark as used in commerce), it just needs to show the word in use (for instance, on your product packaging, website, or signage). The font or design in the specimen doesn’t have to match any particular style, because with a word mark, any style is fine, as long as the wording is the same. See TMEP §807.03(e).

What it is: A special form mark is a trademark that includes a specific design, stylized text, or logo. In other words, if your mark isn’t just plain words in standard characters. For example, if it has a particular logo, a unique font or lettering style, a specific arrangement, or colors as part of the mark, you would file it in special form. See TMEP §807.04; 37 C.F.R. §2.52(b). The trademark drawing in this case is an image of the exact logo or stylized mark you want protected. See TMEP §807.04(a).

Why use it: You should use a special form drawing if the appearance of the mark is important and you want to protect that exact look. This is common when you have a distinctive logo or a brand name written in a unique font or with specific design elements. Registering the special form protects the combination of the design and any wording together. However, note that this kind of registration is narrower than a standard character mark. It covers that precise logo or stylized form. If you significantly change your logo later, you might need to file a new application for the new design.

Examples:

• The Nike “Swoosh” logo (the checkmark-like design) is protected as a special form design mark. The drawing shows the curved checkmark shape. The description might say “the mark consists of a curved check mark design” (Nike’s swoosh is usually registered without claiming color, so it can be used in any color).
• The Target bull’s-eye is another special form mark: a red circle within a red ring on a white background. Target’s trademark registration includes a description: “The mark consists of concentric circles representing a target or bullseye design”gov, and it claims the color red as part of the mark. That means Target has trademark rights in that specific red bullseye logo.

Color claims: If you do claim color in a special form mark, you have to list which colors are claimed and how they appear on the mark (e.g., “the mark consists of a gold star on a blue background, with the word XYZ in white”). See TMEP §807.07. Claiming a color can make your mark more specific, which can be good if that color scheme is a key brand identifier. For example, UPS’s brown or Tiffany’s robin’s-egg blue boxes. If you don’t want to be locked into a color, you can submit the design in black and white with no color claim, and then your registration will cover the design in all colors. Many businesses choose not to claim color so that their logo is protected regardless of what color it’s displayed in. Just remember: if you do claim a color, your specimen (example of use) should show the mark in those exact colors, and you’ll generally need to use the mark in those colors to maintain consistency. If you file in black and white with no color claim, the specimen can show the mark in any color since you’re not tying the trademark to a specific hue. See TMEP §807.07.

Drawing & specimen: For a special form mark, you will upload an image file of the mark as the drawing. The USPTO prefers a .jpg image with a white background. Along with that, you’ll fill in a field in the application that often begins, “The mark consists of…” and there you put your description of the logo’s elements. When you submit your specimen of use, it must match the drawing. See TMEP §807.04(a). This is critical: the mark as used in commerce (on your product, website, etc.) should be a “substantially exact representation” of the mark in the drawing. For example, if your drawing is a logo that includes a certain word and design, the specimen can’t just show the design without the word or vice versa, it needs to show them together as in your drawing. If you claimed color, the specimen should show those colors. If there’s a significant mismatch, the USPTO will refuse registration unless you correct it (either by changing the drawing, which is very limited in what you can change, or by submitting a proper specimen that shows the mark as drawn).

What it is: Trade dress refers to the distinctive “look and feel” of a product or its packaging that indicates the source. Here we’ll focus on product packaging trade dress, the design or packaging in which a product is sold. This could be the box, bottle, wrapper, or container of a product, or any other packaging element that consumers directly associate with a brand. When packaging is so unique that it identifies the brand, it can function as a trademark. In a trademark application, packaging trade dress is typically shown in a special form drawing (usually a drawing or photograph of the packaging), often with some parts shaded or dotted out if they are not claimed as part of the mark (for instance, you might outline the shape of a bottle as the mark, but not claim the text on the label if you only want the shape protected).

Inherent distinctiveness vs. secondary meaning: Product packaging can sometimes be inherently distinctive as trade dress. This means the design is so unique or unusual that consumers would immediately perceive it as a brand identifier and not just decorative or functional packaging. The U.S. Supreme Court confirmed this in Two Pesos, Inc. v. Taco Cabana, Inc., 505 U.S. 763 (1992), where a Mexican restaurant chain’s decor (its distinctive interior and exterior design) was considered inherently distinctive trade dress. The Court held that inherently distinctive trade dress is protectable without proof of secondary meaning. In that case, Taco Cabana’s restaurant ambiance (festive colors, patio style, etc.) was viewed like product packaging for its services, and Two Pesos was found liable for copying it.

However, not all packaging is automatically distinctive. If your packaging design is a common or basic style (say, a plain rectangular box) or is similar to others in the market, it may lack distinctiveness and the USPTO could refuse it unless you can prove it has acquired secondary meaning (i.e. consumers have come to identify that design with your company over time). For applications seeking to register product design, packaging, color, or trade dress marks, the USPTO examining attorney must evaluate two distinct substantive questions: whether the mark is functional and whether it is distinctive.. See TrafFix Devices, Inc. v. Mktg.Displays, Inc., 532 U.S. 23, 28-29, 58 USPQ2d 1001, 1004-05 (2001); Two Pesos, 505 U.S. at 775, 23 USPQ2d at 1086; In re Morton-Norwich Prods., Inc., 671 F.2d 1332, 1343, 213 USPQ 9, 17 (C.C.P.A. 1982).

In practice, many companies try to create packaging that is eye-catching and unique to build brand recognition, think of the iconic Coca-Cola bottle shape or the Pringles can. These packaging designs are so well-known that they immediately signal the brand to consumers. In fact, Coca-Cola’s contoured bottle and Pringles’ tubular can are protected trade dress.

Legal considerations: The USPTO examining attorney will look at packaging trade dress and ask, is this design inherently distinctive? The Trademark Manual of Examining Procedure (TMEP) notes that for product packaging, you can argue inherent distinctiveness by showing the design is unusual or memorable. See TMEP §1202.02. There is even a test (the Seabrook test) with factors to evaluate distinctiveness of trade dress, like whether the design is common or unique in the field. See TMEP §1202.02(b)(ii); Seabrook Foods, Inc. v. Bar-Well Foods, Ltd., 568 F.2d 1342, 1344, 196 USPQ 289, 291 (C.C.P.A. 1977). If your packaging is not inherently distinctive, you’ll need to show acquired distinctiveness (also called secondary meaning).

Drawings: Applicants are required to provide drawings of the mark depicting trade dress. See TMEP §1202.02(c). Applicants are required to provide drawings of the mark depicting trade dress. See TMEP §1202.02(c)(i). These drawings typically show a three-dimensional representation that captures the mark’s height, width, and depth. The drawing may be either an illustrated rendering or a photograph of the product design or packaging – both formats are acceptable and must meet the same requirements. Regardless of format, the drawing must accurately represent the mark, with any unclaimed elements shown in broken or dotted lines and excluding extraneous details like net weight, contents, or business addresses. Id.

Trade dress applications must include an accurate mark description that clearly identifies whether the mark is three-dimensional product design, packaging, or service-related trade dress. See TMEP §1202.02(c)(ii). The description must specify which drawing elements constitute the claimed mark and which do not, explaining that any broken or dotted lines represent unclaimed matter. If the drawing is ambiguous, applicants may clarify whether the mark is two-dimensional. When amended drawings are required, corresponding amended descriptions must also be submitted. Id. Acceptable language includes: “The broken lines depicting [elements] indicate placement of the mark on the goods and are not part of the mark.” Id.

What it is: Product configuration trade dress refers to the shape or design of the product itself as a trademark. Instead of the packaging or label, this is when the product’s physical form is distinctive (in appearance, not function) and identifies the source. Examples might include the unique shape of a candy, a style of a handbag, the design of a shoe, or even the ornamental features of a furniture piece, as long as those features aren’t functional (more on functionality later) and they serve to distinguish the product’s source. See Seabrook Foods, Inc., 1344.

However, product design trade dress is treated more strictly under trademark law than packaging. The Supreme Court made this clear in Wal-Mart v. Samara (2000): a product’s design can never be inherently distinctive. In other words, consumers typically don’t assume the design of a product itself is a brand identifier unless they’ve been educated to do so. So, to trademark a product’s shape or design, you always have to show it has acquired distinctiveness (secondary meaning), that the public recognizes that design as uniquely yours. This is a crucial point for business owners: no matter how unique you think your product looks, the law requires proof that consumers have come to associate that look with your brand before it can be protected as a trademark. This usually means you’ve been using the design for a while, it’s gained fame, or you’ve actively promoted the design’s uniqueness in your marketing.

Legal considerations: As mentioned, Wal-Mart v. Samara drew a hard line: product configuration usually equals no inherent distinctiveness. The rationale is that consumers are not as predisposed to view a product’s design as a sign of origin the way they might with packaging or a logo. So, the USPTO will likely refuse to register any product design trade dress on the Principal Register unless you provide sufficient evidence of secondary meaning (typically via a claim under Section 2(f) of the Trademark Act). In practice, this means new or recently introduced product designs are not immediately registrable, you might initially get a refusal and have to either gather evidence of acquired distinctiveness or consider the Supplemental Register (which is a sort of waiting room for non-distinctive marks until they gain distinctiveness).

However, even years of use does not mean you will get a trademark over a design. In re Post Foods, LLC, 2024 TTAB LEXIS 1 (TTAB 2024) [precedential], where the Trademark Trial and Appeal Board denied the attempted registration of the Fruity Peebles Breakfast Cereal’s Flakes colors. They denied this due to other cereals which use similar color configurations.

Drawings: Product configuration trade dress follows the same drawing requirements as packaging trade dress outlined above.

To briefly reiterate: applicants must provide three-dimensional drawings (illustrated renderings or photographs) that accurately represent the claimed design, with unclaimed elements shown in broken or dotted lines. The application must include a detailed mark description identifying which elements are claimed and which are not, with acceptable language such as “The broken lines depicting [elements] indicate placement of the mark on the goods and are not part of the mark.” TMEP §1202.02(c)(ii).

Trademarks aren’t limited to logos and shapes. U.S. law allows some non-traditional marks, such as sounds, scents, and single colors, to be registered, albeit in rare cases. These are considered unusual and getting them registered requires showing that they truly function as source indicators (and again, that they’re not functional features of the product or service).

Here’s an overview:

• Sound Marks: These are sounds or jingles that immediately signal a brand to consumers. See TMEP §1202.15. Sound marks serve as source indicators when they have a “distinctive form or structure” and establish “a mental connection between the sound and” a particular good or service in the listener’s mind. In re Gen. Electric Broad. Co., 199 USPQ 560, 563 (TTAB 1978). For example, the famous NBC chimes (the three-tone G-E-C sequence) is a registered sound trademark of NBC for its broadcasting services. See US Registration Number 916522. Another classic example is the MGM lion’s roar heard at the start of MGM movies, that roaring lion sound is a trademark of MGM. See US Registration Number 73553567. To register a sound mark, you don’t provide a traditional visual drawing. See TMEP §807.09. In fact, no graphic drawing is required for a purely non-visual mark like a sound, instead, the USPTO requires a detailed description of the sound. For instance, the NBC chimes might be described as “a sequence of three musical notes, G, E, C, played on chimes.” It is important to note that functional or commonplace sounds can’t be trademarked, e.g., you can’t trademark the sound of a running blender for blenders (that sound is just the product’s natural noise), but a unique melody or tone that you use in advertising your blenders could be, if it’s distinctive. See In re Powermat Inc., 105 USPQ2d 1789, 1793 (TTAB 2013) (where the court concluded that battery chargers producing “chirp” sounds with slight pitch variations were not inherently distinctive, with the applicant’s advertising evidence only being relevant to demonstrate acquired distinctiveness.). Drawings include mp3 or mp4 sound files and sheet music.

• Scent Marks: These are distinctive scents which indicate a source of origin. See TMEP §1202.13. It’s very uncommon, but it has happened. The landmark case here is In re Clarke, 17 USPQ2d 1238, 1239-40 (TTAB 1990), where a flowery musk scent added to yarn was held registrable as a trademark for that yarn. The reason it was allowed is important: the scent was not inherent to the yarn (yarn doesn’t normally have that smell) and it wasn’t functional (the scent didn’t affect the yarn’s performance, it was just there to please the consumer). Id. The applicant showed that consumers had come to recognize that specific scent as coming from her company’s yarn. Id. The USPTO’s TMEP states: “The scent of a product may be registrable if it is used in a nonfunctional manner.” TMEP §1202.13. For example, a unique perfume-like smell for a type of sewing thread could be a mark, as in Clarke, because normally thread wouldn’t have a scent, so adding one purely to signify brand is possible. On the other hand, if the scent is inherent or functional (like the scent of a perfume, which is the whole purpose of the product), then it cannot be a trademark. Those are considered functional or just a feature of the product itself. Scent marks require a detailed description of the scent in the application (and usually a lot of proof that consumers link the scent to the product’s source). The USPTO typically needs substantial evidence of acquired distinctiveness for a scent, since smells generally are seen as product features, not brand identifiers. It’s a high bar and very few scent marks exist. As for the drawing, the Trademark Office advises that you must provide a standard character drawing with “scent mark” typed as the trademark.

• Color Marks: A single color (or specific color scheme) on a product or its packaging can serve as a trademark in some cases. TMEP §1202.05. The most famous example is from the Supreme Court case Qualitex Co. v. Jacobson Products Co., 514 U.S. 159, 34 USPQ2d 1161 (1995). Qualitex used a special green-gold color on the pads of dry-cleaning presses, and the Court held that color alone can be protectable once it acquires secondary meaning. Other examples include the pink color of Owens-Corning insulation, Tiffany & Co.’s robin’s-egg blue boxes, UPS’s brown trucks and uniforms, and Louboutin’s red soles on shoes. Importantly, like product design, a color can never be inherently distinctive for a product, by itself a color doesn’t automatically tell consumers the source. You must show the color has acquired distinctiveness. Also, the color must not be functional. TMEP §1202.05(b). Color can be functional in a legal sense if, for example, it affects the product’s use or cost (like black for solar panels might be functional because it absorbs heat, or green for farm machinery because it’s traditionally for camouflage). In Qualitex, the Court noted “if a color is not functional and has acquired distinctiveness, it is registrable as a mark”. So, you would need to prove through use, advertising, etc., that the color is recognized as your brand. When applying for a color mark, you should submit a color drawing and a very precise color claim and description.

Summary of non-traditional marks: These types of marks are possible but rare. They usually require a long period of exclusive use and heavy advertising to educate the public that, say, this particular sound or hue represents your company. As a small business owner, you typically won’t start by trademarking a color or scent, these come into play once you have something truly unique that you’ve used enough to acquire distinctiveness. From a drawing standpoint, note that for sounds or scents, you actually don’t submit a traditional drawing, the USPTO allows you to skip a paper drawing for sounds/scents and instead requires a description (and a sound file or maybe a sample if it’s a scent).

It’s worth noting that non-traditional marks often face more scrutiny. For example, if you tried to trademark a sound, the USPTO might ask: is this sound unique enough and do people really associate it with your brand? A simple “ding!” sound might not be seen as inherently a brand sign (unless you have extensive evidence it has become one). Similarly for scents: you’d need strong evidence that consumers don’t just enjoy the scent, but treat it as a brand hallmark. Courts and the USPTO are cautious because these kinds of marks can sometimes have functional or competitive implications (for instance, giving one company a permanent lock on a color that others might need). So, the bar is high, but not impossible, such as cases like Qualitex and In re Clarke demonstrate.

In conclusion, understanding the types of trademark drawings and formats helps you strategize your brand protection. A small business owner doesn’t business goals.

Contact Twisdale Law today to discuss your trademark needs and ensure your brand gets the protection it deserves. need to become a lawyer, but knowing the basics (word mark vs. logo, packaging vs. product design, and what exotic marks are possible) will let you make informed decisions and communicate better with trademark professionals. Always remember the essence of trademark law: it’s about helping consumers identify the source of goods or services. Whether it’s through a name, a logo, a package shape, a color splash, or a jingle, the goal is the same.

Choose the format that best captures how your customers recognize you, and you’ll be on the right track to securing a strong trademark. If you’re ready to protect your brand or have questions about which trademark strategy is right for your business, come talk to Twisdale Law. We’ll help you navigate the application process and ensure your trademark filing gives you the strongest possible protection for your unique brand. Happy branding!

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