Mark Drawing Code

Ovicide · Apr 18, 2004

While looking up marks at www.uspto.gov, I've noticed that some marks some marks consist of a single text string, and some also include a graphic, and an additional phrase:
Mark Drawing Code (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS

Is a graphic sometimes added to a descriptive phrase to make the mark stronger?

jberryhill · Apr 19, 2004

Absolutely. In some instances, the text itself is not registrable.

Ovicide · Apr 19, 2004

jberryhill said:
Absolutely. In some instances, the text itself is not registrable.

Thanks, John.

I'm looking at a descriptive mark with a graphic, which was added to the Principal Register in 1995. As part of it's Prosecution History, there was a non-final action mailed.

I suspect the graphic was added to the mark as a result of the initial refusal.

Would it be wise to order a copy of the file?

jberryhill · Apr 19, 2004

"I suspect the graphic was added to the mark as a result of the initial refusal."

No. You cannot materially alter the mark sought to be registered after filing.

Ovicide · Apr 19, 2004

jberryhill said:
No. You cannot materially alter the mark sought to be registered after filing.

Okay.

The mark consists of three words, and looks as though it could be considered descriptive.

My domain name is the first two words of their mark and has a very wide lexical scope. It easily passes the Google test.