TMEP 1202.19(a)(iv): Drawings for Service Marks

October 2017 Edition of the TMEP

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1202.19(a)(iv)    Drawings for Service Marks

Repeating-pattern marks are used as service marks in a variety of ways. For instance, a repeating-pattern mark could be displayed on a retail store’s façade, on a customer loyalty card, on advertising materials, or on shopping bags.

If a repeating pattern appears on elements in a service setting in a manner that makes a single commercial impression, such as a pattern that is displayed on the various architectural features or other fixtures of a retail outlet, a drawing of the setting should be submitted, along with a detailed description of the mark that specifies the location and manner of use of the repeating pattern. Cf. TMEP §1202.05(d)(ii) ("If color is used in a variety of ways, but in a setting that makes a single commercial impression, such as a retail outlet with various color features, a broken-line drawing of the setting must be submitted, with a detailed description of the mark claiming the color(s) and describing the location of the color(s).")

The drawing must depict in broken lines those elements of the environment that display the repeating pattern but are not claimed as a feature of the mark. See 37 C.F.R. §2.52(b)(4); TMEP §807.08.

Otherwise, if the mark is used on a particular item, or is used in a similar manner on multiple items that are similar in form and function, and can thus be adequately represented by a depiction of a single item, a drawing consisting of the mark appearing on a single item is appropriate. See TMEP §§1202.19(a)(i)–(ii).

The conditions for accepting a swatch-type drawing for repeating-pattern marks used in connection with services are the same as those explained in TMEP §1202.19(a)(iii).