1202.19(a) Drawing Requirements for Repeating-Pattern Marks
The drawing for a repeating-pattern mark must be a substantially exact representation of the mark. See 37 C.F.R. §2.51; TMEP §§807.12–807.12(d). The impression created by a repeating pattern may change depending on a number of factors, including the nature of the pattern and the item it appears on, the particular placement of the pattern on the item, and the size and scale of the elements in the pattern as applied. Thus, in most cases, to accurately depict the mark, a drawing showing the particular manner of display and placement of the repeating pattern is necessary. A swatch-type drawing—one that does not show the particular placement of the mark but instead consists of a sample of the repeating pattern displayed within a square, rectangle, or other geometric shape—is acceptable only under certain circumstances. See TMEP §1202.19(a)(iii) for additional information on swatch-type drawings.