T.M.E.P. § 807.03
Standard Character Drawings
Executive summary:
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807.03 Standard Character Drawings
37 C.F.R. 2.52(a) Standard character (typed) drawing. Applicants who seek to register words, letters, numbers, or any combination thereof without claim to any particular font style, size, or color must submit a standard character drawing that shows the mark in black on a white background. An applicant may submit a standard character drawing if:
(1) The application includes a statement that the mark is in standard characters and no claim is made to any particular font style, size, or color;
(2) The mark does not include a design element;
(3) All letters and words in the mark are depicted in Latin characters;
(4) All numerals in the mark are depicted in Roman or Arabic numerals; and
(5) The mark includes only common punctuation or diacritical marks.
Effective November 2, 2003, Trademark Rule 2.52, 37 C.F.R. 2.52, was amended to replace the term "typed" drawing with "standard character" drawing. Applicants who seek to register a mark without any claim as to the manner of display must submit a standard character drawing that complies with the requirements of 37 C.F.R. 2.52(a).
807.03(a) Requirements for Standard Character Drawings
An applicant may submit a standard character drawing if:
- The mark does not include a design element;
- All letters and words in the mark are depicted in Latin characters;
- All numerals in the mark are depicted in Roman or Arabic numerals;
- The mark includes only common punctuation or diacritical marks; and
- No stylization of lettering and/or numbers is claimed in the mark.
In the drawing, the applicant may depict the mark in any font style; may use bold or italicized letters; and may use both uppercase and lowercase letters, all uppercase letters, or all lowercase letters. The applicant does not have to display the mark in all uppercase letters.
Superscripts, subscripts, exponents, or other characters that are not in the USPTO's standard character set (see TMEP §807.03(b)) are not permitted in standard character drawings. In re AFG Industries Inc., 17 USPQ2d 1162 (TTAB 1990) (special form drawing required for raised numeral). The degree symbol is permitted.
Underlining is not permitted in a standard character drawing.
The drawing must be in black and white.
Standard Character Claim Required. An applicant who submits a standard character drawing must also submit the following standard character claim:
The mark consists of standard characters without claim to any particular font, style, size or color.
This statement will appear in the Official Gazette and on the certificate of registration.
807.03(b) List of Standard Characters
The Office has created a standard character set that lists letters, numerals, punctuation marks, and diacritical marks that may be used in a standard character drawing. The standard character set is available on the Office's website at http://www.uspto.gov/teas/StandardCharacterSet.html. If the applicant has claimed standard character format and the drawing includes elements that are not in the set, then the examining attorney must treat the drawing as a special form drawing, ensure that the mark drawing code is changed, and require the applicant to delete the standard character claim. See TMEP §807.18 concerning mark drawing codes.
In a §66(a) application, if the drawing includes elements that are not in the standard character set, the examining attorney must require deletion of the standard character claim even if the international registration indicates that the mark is in standard characters. See the IB's Guide to International Registration, Para. B.II.14.08 (2004).
807.03(c) Drawings Containing Both a Standard Character Claim and Designs or Other Elements
If the application contains a standard character claim, but the mark includes a design element; or color; or a claim of a particular style or size of lettering; or other elements such that the mark does not meet the requirements of 37 C.F.R. 2.52(a), then the examining attorney must: (1) treat the drawing as a special form drawing; and (2) require that the applicant delete the standard character claim from the record. In addition, the examining attorney must ensure that the appropriate mark drawing code is entered into the TRAM database. See TMEP §807.18 concerning mark drawing codes.
807.03(d) Changing From Special Form Elements to Standard Characters, or the Reverse, May be a Material Alteration
A special form drawing containing a design element, color, a claim to a particular style or size of lettering, or other distinctive elements cannot be amended to a standard character drawing unless the examining attorney determines that the amendment is non-material. 37 C.F.R. 2.72.
Conversely, a standard character drawing cannot be amended to a special form drawing containing a design element, color, or a claim to a distinctive style or size of lettering, unless the examining attorney determines that the amendment is non-material. 37 C.F.R. 2.72. See TMEP §§807.14 et seq. regarding material alteration.
807.03(e) Standard Character Drawing and Specimen of Use
If the applicant submits a claim of standard character format, the mark shown in the drawing does not necessarily have to appear in the same font style, size, or color as the mark shown on the specimen of use. However, the examining attorney must review the mark depicted on the specimen to determine whether a standard character claim is appropriate, or whether a special form drawing is required.
If the examining attorney determines that the standard characters are displayed in a distinctive manner that changes the meaning or overall commercial impression of the mark, the examining attorney must process the drawing as a special form drawing, and require the applicant to delete the standard character claim. As with all special form drawings, the mark on the drawing must be a substantially exact representation of the mark used on the specimen in an application under §1 of the Trademark Act. 37 C.F.R. §§2.51(a) and (b); TMEP §807.12(a).
The examining attorney may delete the standard character claim by examiner's amendment after obtaining approval from the applicant or applicant's attorney. When deleting a standard character claim, the examining attorney must ensure that the mark drawing code is changed. See TMEP §807.18 concerning mark drawing codes.
See TMEP §807.04(b) for further information as to when a special form drawing is required.
807.03(f) Standard Character Drawing and Foreign Registration
In a §44 application, if the applicant claims standard characters, the examining attorney must ensure that the foreign registration also claims standard characters. 37 C.F.R. 2.51(c); TMEP §807.12(b).
If the foreign registration certificate does not indicate that the mark is in standard characters (or the equivalent), the examining attorney must inquire whether the foreign registration includes a claim that the mark is in standard characters. The applicant must either submit an affirmative statement that the foreign registration includes a claim that the mark is in standard characters (or the equivalent), or delete the standard character claim in the United States application. A statement that the foreign registration includes a claim that the mark is in standard characters may be entered through a Note to the File, if there are no other outstanding issues.
The examining attorney may delete the standard character claim by examiner's amendment after obtaining approval from the applicant or applicant's attorney. When deleting a standard character claim, the examining attorney must ensure that the mark drawing code is changed. See TMEP §807.18 concerning mark drawing codes.
807.03(g) Drawings in "Typed" Format With No Standard Character Claim
Section 1 Applications. If the application does not include a standard character claim, but the mark is shown in a format that would have been considered "typed" prior to November 2, 2003 (i.e., the mark is shown in all capital letters, or the mark is specified as "typed" in the body of the application, on a separate drawing page, or on a cover letter filed with the application), the drawing will initially be coded and entered into the automated records of the USPTO as a special form drawing. However, the examining attorney shall treat the drawing of the mark as a standard character drawing, and ensure that a standard character claim is entered into the record.
If the application is ready to be published for opposition, the examining attorney should enter the standard character claim by examiner's amendment. In this situation, no prior authorization from the applicant is required to add a claim by an examiner's amendment. See TMEP §707.02. If an Office action is necessary, it must include a requirement that the applicant submit a standard character claim.
Once applicant submits a standard character statement, the examining attorney should ensure that the mark drawing code is changed to 4 (see TMEP §807.18).
Section 44 Applications. In a §44 application, the applicant cannot claim standard characters unless the foreign registration also claims standard characters. See TMEP §807.03(f).
Section 66(a) Applications. In a §66(a) application, the request for extension of protection forwarded by the IB will indicate whether there is a standard character claim in the international registration. If there is no standard character claim in the international registration, the applicant cannot add a standard character claim.
807.03(h) Drawings Where The Format Is Unclear
Section 1 Applications. Where it is unclear from the record whether the submitted drawing was intended to be a standard character drawing, then the examining attorney must contact the applicant for clarification. For example, clarification is needed if the font style used in the mark on the drawing does not match the font style used on the specimen and there is no standard character claim in the application, or if the applicant files a paper application in which the mark is printed or written by hand. If the mark is intended to be in standard characters, then the examining attorney must require that the applicant amend the application to include the standard character claim. This may be done by examiner's amendment. Once applicant submits this statement, the examining attorney should ensure that the mark drawing code is changed to 4 (see TMEP §807.18).
Section 44 Applications. In a §44 application, the applicant cannot claim standard characters unless the foreign registration also claims standard characters. See TMEP §807.03(f).
Section 66(a) Applications. In a §66(a) application, the request for extension of protection forwarded by the IB will indicate whether there is a standard character claim in the international registration. If there is no standard character claim in the international registration, the applicant cannot add a standard character claim.
807.03(i) Drawings in Applications Filed Before November 2, 2003
Prior to November 2, 2003, "standard character" drawings were known as "typed" drawings. The mark on a typed drawing had to be typed entirely in capital letters.
For applications filed before November 2, 2003, that are still pending after November 2, 2003, the applicant has the option of submitting a typed drawing in all uppercase letters under the old rules, or a standard character drawing under the new rules. If the drawing of record does not meet the requirements for a typed drawing under the old rules (e.g., the drawing shows the mark in both upper and lower case letters), the examining attorney must require a new drawing. In response, the applicant may submit either (1) a claim of standard characters to convert the drawing to a standard character drawing, or (2) a new drawing in all uppercase letters to comply with the old rules for typed drawings. The examining attorney may enter the standard character claim by an examiner's amendment, if appropriate.
If the typed drawing in the application is acceptable under the old rules, no action by the examining attorney is required regarding the drawing. However, the applicant may voluntarily amend the typed drawing to a standard character drawing by submitting a claim of standard characters. Voluntary amendments are not permitted in the period between approval for publication and issuance of a registration or notice of allowance, or in the period between approval for registration and issuance of a registration.
If the applicant amends to a standard character drawing, either voluntarily or in response to the examining attorney's requirement, the examining attorney must have Office records updated to change the mark drawing code to 4. See TMEP §807.18 concerning mark drawing codes. When amending a typed drawing to a standard character drawing, the examining attorney must also create a new drawing page, with the caption "DRAWING" at the top of the page, and have the new drawing page scanned.