TMEP 1902.02(d): Reproduction (Drawing) of Mark

This is the October 2015 Edition of the TMEP

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1902.02(d)    Reproduction (Drawing) of Mark

An international application must include a reproduction of the mark that (1) is the same as the mark in the basic application and/or registration; and (2) meets the requirements of 37 C.F.R. §2.52. 37 C.F.R. §7.11(a)(3).

For paper filers, the mark must appear no larger than 3.15 inches (8 cm) high by 3.15 inches (8 cm) wide and must be placed in the box designated by the IB on the MM2 form. 37 C.F.R. §§2.52(d) and 2.54(b); Common Reg. 9(4)(a)(v); Guide to International Registration, Paras. B.II.07.37 et seq. For international applications filed electronically, an image of the mark taken from the Trademark database will appear automatically on the prepopulated TEAS form. If an applicant uses the free-text TEAS form, the applicant must either type the mark in the appropriate field, or attach a digitized image of the mark that meets the requirements of 37 C.F.R. §2.53(c).

Standard Character Reproductions. If the mark in the basic application and/or registration is in standard characters, the reproduction of the mark in the international application must be in standard characters. To claim standard characters, an applicant must check the appropriate box on the IB’s official application form MM2, or on the TEAS form. The applicant may not claim standard characters in the international application unless the mark in the basic application and/or registration is in standard character (or typed) format. See TMEP §§807.03 et seq. for information about standard character drawings in applications for registration of marks in the United States. The USPTO’s standard character chart is posted on the USPTO website at http://teas.uspto.gov/standardCharacterSet.html.

Special Form Reproductions. If the mark in the basic application or registration is in special form, the reproduction of the mark in the international application must be in special form. See TMEP §807.04(a) for characteristics of special form drawings in applications for registration of marks in the United States.

Use of Color. If the mark in the basic application or registration is depicted in black and white and does not include a color claim, the reproduction of the mark in the international application must be black and white. See TMEP §1902.02(e) regarding color claims. If the mark in the basic application or registration is in color, the reproduction of the mark in the international application must be in color. If the mark in the basic application or registration is depicted in black and white, and the basic application or registration includes a color claim, the international application must include both a black-and-white reproduction of the mark and a color reproduction of the mark that meet the requirements of 37 C.F.R. §2.52. 37 C.F.R. §7.11(a)(3); Common Reg. 9(4)(a)(vii). For example, if the basic application and/or registration includes a color claim and a black-and-white drawing that depicts the color by the use of color lining or by a statement describing the color (see Note in TMEP §1902.02(e) regarding color drawings in United States basic applications or registrations), the applicant must include both a color reproduction of the mark showing the claimed colors and a black-and-white reproduction of the mark that corresponds to the mark as it appears in the basic application and/or registration. See the note regarding color drawings in United States basic applications or registrations in TMEP §1902.02(e). If filing on paper, the applicant must place the drawings in the appropriate boxes designated by the IB on the MM2 form. If using the TEAS prepopulated form, the black-and-white drawing will automatically prepopulate the form, and the applicant must attach the color reproduction of the mark. For the TEAS free-text form, however, the applicant must attach a digitized image of both the black-and-white reproduction of the mark and the color reproduction of the mark. See TMEP §§807 et seq. for general information about the requirements for drawings in applications for registration of marks in the United States.