T.M.E.P. § 807.09
'Drawing' of Sound, Scent, or Non-Visual Mark
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807.09 "Drawing" of Sound, Scent, or Non-Visual Mark
37 C.F.R. 2.52(e). Sound, scent, and non-visual marks. An applicant is not required to submit a drawing if the mark consists only of a sound, a scent, or other completely non-visual matter. For these types of marks, the applicant must submit a detailed description of the mark.
The applicant is not required to submit a drawing if the applicant's mark consists solely of a sound, a scent, or other completely non-visual matter. For these types of marks, the applicant must submit a detailed written description of the mark that clearly explains the sound or scent. 37 C.F.R. 2.52(e).
In a paper application, the applicant should submit a page that indicates "NO DRAWING" in the place where the mark would otherwise appear. Likewise, in a TEAS application, the applicant should create a digitized image in .jpg format that meets the requirements of 37 C.F.R. 2.53(c) (see TMEP §807.05(c)) , with the indication "NO DRAWING" in the place where the mark would otherwise appear. Then, in the description of the mark field (under "Additional Statements" in the TEAS form), the applicant must set forth a detailed written description of the mark.
Non-visual marks are coded under mark drawing code 6 in the automated search system.
If the mark is a composite comprising both visual and non-visual matter, the applicant must submit a drawing depicting the visual matter, and include a description of the non-visual matter.If the mark comprises music or words set to music, the applicant may submit the musical score for the record. In a TEAS application, the musical score should be submitted in .wav format. However, a .wav file cannot be sent as an attachment to a TEAS filing, because all TEAS attachments must be in .jpg format. Therefore, the Office has developed a special procedure for handling .wav files. The .wav file must be sent after the application is filed, as an attachment to an e-mail message directed to PrinTEAS@uspto.gov, with clear instructions that the .wav file should be associated with "the application filed under Serial No.