Legally, you may use the ™ symbol with a mark in commerce that is not registered, but it should not be included in the drawing. For basic information pertaining to mark images, see our webpage entitled, What Is A Drawing Page? The drawing may not include extraneous matter such as ™ or ®. If the applicant is filing a Standard Character mark, the USPTO will generate a drawing for the applicant. The Standard Character Set can be found on the USPTO website. If your mark possesses an element not contained in the standard character set, the applicant must register a special format mark. Therefore, it is important to be aware of the elements contained in this list. The USPTO has created a standard character set and it lists all letters, numerals, diacritical marks, punctuation marks, etc. The rights of a standard character mark reside in the literal element, the letters or words.
Standard Character marks provide broad trademark protection. In other words, the applicant will not be limited to any particular depiction of the mark. If the mark is presented in standard characters, the owner of the mark may choose to use the mark in any font style, size, or colors. One of the decisions a trademark applicant must make when filing a trademark application at the United States Patent & Trademark Office ("USPTO") is will your mark be a Standard Character mark (a word mark) or will you choose a Special Format (a mark containing design aspects).
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