T.M.E.P. § 807.10
Three Dimensional Marks

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 (§807.09) | Next Section (§807.11)

807.10 Three Dimensional Marks

37 C.F.R. 2.52(b)(2). Three dimensional marks. If the mark has three-dimensional features, the drawing must depict a single rendition of the mark, and the applicant must indicate that the mark is three-dimensional.

If the mark is three-dimensional, the drawing should present the mark in three dimensions. In re Schaefer Marine, Inc., 223 USPQ 170, 175 n. 1 (TTAB 1984). The applicant must include a description of the mark indicating that the mark is three-dimensional.

Under 37 C.F.R. 2.52(b)(2), the applicant must submit a drawing that depicts a single rendition of the mark. If the applicant believes that its mark cannot be adequately depicted in a single rendition, the applicant may file a petition under 37 C.F.R. 2.146 requesting that the rule be waived. See TMEP §Chapter 1700 regarding petitions.