TMEP 1609.02(g): Amendment to Special Form Drawing Containing Black, White, and/or Gray

October 2017 Edition of the TMEP

Previous: §1609.02(f) | Next: §1609.03

1609.02(g)    Amendment to Special Form Drawing Containing Black, White, and/or Gray

When a mark shown in special form is amended under §7(e), and the mark shown on the new drawing page contains gray, or the description of the mark refers to black, white, and/or gray, the owner must clarify whether the mark is in color.  Specifically, the record must contain either: (1) a statement that the mark is not in color; or (2) a statement that the colors black, white, and/or gray are features of the mark and a statement specifying the location of the colors.  If not all are claimed as colors, the color location statement must specify that the black/white/gray is not claimed as color and represents background, outlining, shading, and/or transparent areas.

Likewise, if the §7(e) amendment includes a statement that color is claimed as a feature of the mark and the drawing contains black, white, and/or gray, the record must contain one of the following: (1) a statement that the color(s) black, white, and/or gray are features of the mark and statement specifying the location of the colors; or (2) a statement that the black/white/gray represents background, outlining, shading, and/or transparent areas and is not a part of the mark.  No statement regarding a white background is required if the background of the drawing is white and it is clear that the white background is not part of the mark.

See TMEP §§807.07(f) et seq. regarding requirements for drawings containing black, white, and/or gray.