TMEP 1609.02(e): Amendment of Black-and-White Drawing of Mark for Which Color is Claimed to Substitute Color Drawing

October 2017 Edition of the TMEP

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1609.02(e)    Amendment of Black-and-White Drawing of Mark for Which Color is Claimed to Substitute Color Drawing

Prior to November 2, 2003, the USPTO did not publish marks or issue registrations in color.  An applicant who wanted to show color in a mark was required to submit a black-and-white drawing, with a statement describing the color(s). See TMEP §807.07(g).  Effective November 2, 2003, the USPTO accepts color drawings.  Black-and-white drawings with a color claim, or drawings that show color by use of lining patterns, are no longer permitted.  Color drawings must be accompanied by a color claim naming the color(s) that are a feature of the mark, and a separate statement specifying where the color(s) appear(s) on the mark. 37 C.F.R. §2.52(b)(1); TMEP §§807.07(a) et seq.

In a registration based on an application filed before November 2, 2003, if the application included a black-and-white drawing with a statement claiming color, the owner may file a request under §7 of the Trademark Act to substitute a color drawing for the black-and-white drawing.  The request must include: (1) a color drawing showing the same colors claimed in the registration; (2) a color claim naming the color(s) that are a feature of the mark; (3) a description of where the color(s) appear(s) in the mark; and (4) the fee required by 37 C.F.R. §2.6. 37 C.F.R. §2.173(a), (b)(1), (g).  No specimen is required if the owner is merely substituting a color drawing for a legally equivalent black-and-white drawing, and is not amending the mark.