TMEP 1202.19(b): Mark Descriptions for Repeating-Pattern Marks

October 2017 Edition of the TMEP

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1202.19(b)    Mark Descriptions for Repeating-Pattern Marks

The mark description must accurately describe the mark. See TMEP §808.02. Thus, the description for a repeating-pattern mark must indicate that the mark consists of a pattern. Although the description must identify the various elements of the pattern, it is not necessary to describe their exact placement within the pattern; it is sufficient for the description to generally characterize the elements and indicate that they are repeated. See id.

In addition, the description must specify how the pattern will appear on the relevant items. Thus, if the pattern is applied only to a portion of the relevant goods, packaging, or other items, the description must specify that portion. If the pattern is repeated over the entire surface of the relevant items, the description must so indicate. And, if the pattern is displayed in various ways on the relevant items (see TMEP §1202.19(a)(iii)), then the mark description must include wording to that effect. For example, in the latter instance, the following description would be acceptable: "The mark consists of a repeating pattern of stars and circles used on various portions of the product packaging for the identified goods."

The mark description must also describe any portions of the mark that are shown in broken lines and thus are not claimed as a feature of the mark. See 37 C.F.R. §2.52(b)(4); TMEP §807.08. For repeating patterns featuring color, the application must include an appropriate color claim and the description must indicate where the claimed colors appear. 37 C.F.R. §2.52(b)(1).

The mark description for a repeating-pattern mark must always be printed on the registration certificate. See TMEP §808.03.