TMEP 1609.02(f): Amendment of Black-and-White Drawing to Color Drawing

This is the October 2015 Edition of the TMEP

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1609.02(f)    Amendment of Black-and-White Drawing to Color Drawing

A special form drawing registered in black-and-white may be amended under §7(e) to include a claim of color, as long as the amendment does not constitute a material alteration. See 37 C.F.R. §2.173(d). Requests to amend the mark to color must include: (1) a color drawing; (2) a color claim naming the color(s) that are a feature of the mark; (3) a statement specifying where the color(s) appear(s) in the mark; (4) a specimen showing the mark as depicted on the amended drawing; and (5) the fee required by 37 C.F.R. §2.6. 37 C.F.R. §2.173(a), (b)(1), (g). See TMEP §§807.07 et seq. regarding requirements for color drawings, and TMEP §§807.14(e) et seq. regarding amendments to color features of marks.