Our clients have recently informed us of a new issue when requesting an Amazon Brand Registry Verification Code. The issue is related to a 0 drawing type assigned by the USPTO to new logo applications.
What is the issue?
The USPTO assigns an incorrect drawing type called 0 – UNKNOWN MARK DRAWING TYPE. This prevents a trademark with this code from being added to the Amazon Brand Registry, as Amazon allows only certain drawing types to be added to the program.
Why is this happening?
It means that the USPTO could not correctly recognize your image. When applying for the mark, the USPTO must assign a drawing code. For wordmarks only, it will always be the type 4. For logos, there is a choice between 3 different drawing codes:
Special Form Drawings:
- Mark Drawing Code 2: Used for marks that only include a design.
- Mark Drawing Code 3: Used for marks that include words plus a design.
- Mark Drawing Code 5: Used for marks that include stylized letters and/or numerals without any design feature. It is also used for marks consisting of words, numerals, and/or diacritical symbols that do not have a standard character claim.
When the USPTO can’t determine the drawing type, it will assign a 0 type (unknown).
From our experience, this frequently happens with logos that include words plus a design.
What happens next?
The USPTO will reevaluate your logo again in 4-12 weeks. After this, the correct type will be assigned to your trademark application.
What can you do to expedite this process?
If you understand that there is an issue with your logo, for example, if the design is too small on the submitted image, you can resubmit a corrected version. However, this will not always help. Alternatively, you can ask your attorney to contact the USPTO and ask them to assign the correct code.
In any case, this does not decrease the scope of protection, nor is it a sign of any errors in your application. Frustrating as it is, this is a bug in the USPTO’s software that will be corrected in the future. Bonamark keeps track of any problems with enrolling in the Brand Registry. If you encounter any other issues, please let us know at [email protected] We will help enroll your mark in the Brand Registry.
