T.M.E.P. § 807.04
Special Form Drawings
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.
For more information on trademark law, please see the Trademark Section of BitLaw.
Previous Section (§807.03) | Next Section (§807.05)
807.04 Special Form Drawings
Extract From 37 C.F.R. 2.52(b). Special form drawing. Applicants who seek to register a mark that includes a two or three-dimensional design; color; and/or words, letters, or numbers or the combination thereof in a particular font style or size must submit a special form drawing. The drawing must show the mark in black on a white background, unless the mark includes color.
* * * * *807.04(a) Characteristics of Special Form Drawings
A "special form drawing" is a drawing that presents a mark comprised, in whole or in part, of special characteristics such as elements of design or color, styles of lettering, or unusual forms of punctuation.
All special form drawings must be of a quality that will reproduce satisfactorily for scanning into the USPTO's database. If the drawing is not of a quality that will reproduce satisfactorily for scanning and printing in the Official Gazette and on the certificate of registration, the examining attorney must require a new drawing. If there is any doubt as to whether the drawing is acceptable, the examining attorney should contact the Office of Trademark Program Control.
Pasted material, taped material, and correction fluid is not acceptable because it does not reproduce satisfactorily.
See TMEP §807.18 concerning mark drawing codes.
807.04(b) When Special Form Drawing is Required
A special form drawing is required if words, letters or numerals are presented in a distinctive form that changes the meaning or overall commercial impression of the mark. In re Morton Norwich Products, Inc., 221 USPQ 1023 (TTAB 1983); In re United Services Life Ins. Co., 181 USPQ 655 (TTAB 1973); In re Dartmouth Marketing Co., Inc., 154 USPQ 557 (TTAB 1967).
A special form drawing is required for marks that contain superscripts, subscripts, exponents, or other characters that are not in the USPTO's standard character set. In re AFG Industries Inc., 17 USPQ2d 1162 (TTAB 1990) (special form drawing required for raised numeral). See TMEP §807.03(b) regarding the USPTO's standard character set.
The USPTO encourages the use of standard character drawings. As a general rule, an applicant may submit a standard character drawing when the word, letter, numeral, or combination thereof creates a distinct commercial impression apart from any stylization or design element appearing on the specimen. If a mark remains the same in essence and is recognizable regardless of the form or manner of display that is presented, displaying the mark in standard character format affords a quick and efficient way of showing the essence of the mark. In re Oroweat Baking Co., 171 USPQ 168 (TTAB 1971) (requirement for special form drawing to register OROWEAT displayed with wheat designs in the letter "O" held improper); In re Electronic Representatives Association, 150 USPQ 476 (TTAB 1966) (special form drawing not required when acronym makes an impression apart from design).
When an application is for a mark in standard characters, the examining attorney should consider the manner in which the mark is used on the specimen and decide whether the mark includes an essential element or feature that cannot be produced by the use of standard characters. For example, if the mark comprises the prescription symbol Rx, a claim of standard characters would be inappropriate. See TMEP §807.12(a) regarding agreement between the mark on the drawing and the mark used on the specimen.
If the examining attorney determines that the mark in a standard character drawing should have been presented in special form, the applicant may submit a special form drawing if the amendment would not result in a material alteration of the mark. The applicant cannot substitute a special form drawing if the amendment would materially alter the mark. See 37 C.F.R. 2.72; TMEP §§807.14 et seq. If a standard character drawing is amended to a special form drawing, the examining attorney should ensure that the mark drawing code is changed. See TMEP §807.18 concerning mark drawing codes.