T.M.E.P. § 904.03
Bulky Specimens

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 (§904.02) | Next Section (§904.04)

904.03 Bulky Specimens

A specimen of use must be flat and no larger than 81/2 inches (21.6 cm.) wide by 11.69 inches (29.7 cm.) long. 37 C.F.R. 2.56(d)(1). If an applicant submits a specimen that exceeds these size requirements (a "bulky specimen"), the Office will create a facsimile of the specimen that meets the size requirements of the rule, and destroy the original bulky specimen. 37 C.F.R. 2.56(d)(2).

If the copy of the specimen created by the Office does not adequately depict the mark, the examining attorney will require a substitute specimen that meets the size requirements of the rule, and an affidavit or declaration verifying the use of the substitute specimen. See TMEP §904.09 regarding affidavits supporting substitute specimens.

The Office will accept specimens consisting of videotapes, audiotapes, compact discs, computer diskettes, and similar materials if there are no non-bulky alternatives, and the submission is the only means available for showing use of the mark. 37 C.F.R. 2.56(d)(3). Equipment for viewing or listening to these materials is available in the Office.

During examination, an examining attorney has the discretion to request additional information in the form of bulky materials, under 37 C.F.R. 2.61(b). For example, if the mark is a configuration of the goods or of the container for the goods, the examining attorney may require one actual product or container. Or the examining attorney might require a complete copy of a publication in order to determine whether a mark is merely descriptive of the goods. See TMEP §904.02(d) regarding marks used on publications.

In specific cases, when the examining attorney has required bulky materials, or where the applicant has submitted bulky exhibits during an interview, these bulky materials may be entered into the record. However, the examining attorney should encourage the applicant to submit a photograph of the bulky specimens or evidence for the record.