T.M.E.P. § 1109.12
Drawing

Executive summary:

This document contains one section of the Trademark Manual of Examining Procedure (the "TMEP"), Fourth Edition (April 2005). This page was last updated in June 2007. You may return to one either the section index, or to the key word index. If you wish to search the TMEP, simply use the search box that appears on the bottom of every page of BitLaw--be sure to restrict your search to the TMEP in the pop-up list.

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1109.12 Drawing

Under 37 C.F.R. 2.51(b), the drawing in an intent-to-use application must be a substantially exact representation of the mark as intended to be used and as actually used on filing the amendment to allege use or statement of use. An applicant may not amend the mark in a drawing if the amendment is a material alteration of the mark on the drawing originally submitted with the application. 37 C.F.R. 2.72(b)(2); TMEP §§807.13(a) and 807.14 et seq. Also, the mark in the drawing must agree with the mark as used on the specimen(s). TMEP §807.12(a). The same standards for determining whether a specimen supports use of the mark and whether an amendment can be permitted that apply to §1(a) applications also apply in the examination of the statement of use.

Therefore, if the mark in the drawing filed with the application is not a substantially exact representation of the mark as used on the specimen filed with the statement of use, the examining attorney must require: (1) either submission of a new specimen or an amendment of the mark in the drawing, if the amendment of the mark would not be a material alteration of the mark on the original drawing; or (2) submission of a new specimen, if the amendment of the mark would be a material alteration of the mark on the original drawing. 37 C.F.R. 2.72(b)(2).