TMEP 1202.05(d)(iii): Amendment of Drawings of Color Marks

This is the October 2015 Edition of the TMEP

Previous: §1202.05(d)(ii) | Next: §1202.05(d)(iv)

1202.05(d)(iii)    Amendment of Drawings of Color Marks

Because color marks are comprised solely of the color as applied to the product or product package, in the manner depicted on the drawing and explained in the description of the mark, amending the color of the proposed mark will always change the commercial impression of the mark. Thus, the amendment of any color in a color mark is a prohibited material alteration. Similarly, the amendment of the color mark to show the same color on a different object is also, generally, a material alteration, e.g., an amendment of a drawing of a blue hammer to a blue saw is a material alteration.