T.M.E.P. § 904.08
Facsimiles as Specimens
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.
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904.08 Facsimiles as Specimens
Actual specimens are preferred if they are available and not "bulky" (see TMEP §904.03 regarding bulky specimens). However, a photograph, photocopy or other reproduction of a specimen of the mark as used on or in connection with the goods, or in the sale or advertising of the services, is acceptable. 37 C.F.R. 2.56(c). The applicant should submit facsimiles if actual specimens exceed the size requirements of 37 C.F.R. 2.56(d)(1).
Facsimiles should show the whole article to which the mark is applied, or enough of the article so that the nature of the article can be identified. The mark and all other pertinent written matter on the article should be clear and legible. It is permissible to show the complete article in one photograph and the written matter in another, so that the written matter will be legible, or to show different views of an article either in a single photograph or in separate photographs.
If color is a feature of the mark, the applicant should submit facsimiles made by color photography, or by any process that reproduces in color. See TMEP §904.02(c).
Product photographs appearing on folders or brochures that show the trademark on the goods are acceptable facsimiles.
If necessary, the examining attorney may require one actual specimen for examination purposes, under 37 C.F.R. 2.61(b).A copy or reproduction of the drawing is not an acceptable specimen. 37 C.F.R. 2.56(c).