TMEP 807: Drawing

This is the October 2015 Edition of the TMEP

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807    Drawing

The drawing shows the mark sought to be registered. 37 C.F.R. §2.52. An applicant must submit a clear drawing with the original application to receive a filing date in any application for registration of a mark, except in applications for registration of sound, scent, and other non-visual marks. See 37 C.F.R. §§2.21(a)(3), 2.52(e). See also TMEP §807.09 regarding drawings in applications for registration of non-visual marks. Submitting a specimen showing how the mark is or may be used (e.g., the overall packaging, a photograph of the goods, or an advertisement) does not satisfy the requirement for a clear drawing of the mark. See TMEP §202.01.

The drawing is used to reproduce the mark in the Trademark Official Gazette and on the registration certificate.

The main purpose of the drawing is to provide notice of the nature of the mark sought to be registered. The drawing of a mark is promptly entered into the automated records of the USPTO and is available to the public through the Trademark Electronic Search System (“TESS”) and the Trademark Status and Document Retrieval (“TSDR”) database on the USPTO website at http://tsdr.uspto.gov/. Timely public notification of the filing of applications is important, because granting a filing date to an application potentially establishes a date of constructive use of the mark (see TMEP §201.02). Therefore, an application under §1 or §44 must include a clear drawing of the mark to receive a filing date. 37 C.F.R. §2.21(a)(3); TMEP §202.01.

Examining attorneys must require applicants to comply promptly with the drawing rules. Requests to defer drawing corrections until the application is approved for publication or registration must be denied.

There are two forms of drawings: “special form drawings” and “standard character drawings.” See 37 C.F.R. §§2.52(a), (b). See also TMEP §§807.03–807.03(i) for information about standard character drawings, and TMEP §§807.04–807.04(b) for information about special form drawings. (Note: “Typed” drawings are acceptable for applications filed before November 2, 2003. See TMEP §807.03(i).)

For special form marks, generally, the most appropriate drawing of the mark shows an illustrated rendering of the mark. However, a photograph may also be acceptable if it accurately depicts the mark and does not show additional matter that is not part of the mark. For example, a photograph of trade dress is not acceptable if it includes unnecessary background information or informational matter such as net weight or contents. Drawings consisting of either illustrated renderings or photographs of the mark are both subject to the same drawing requirements and must fairly represent the mark.

The mark in the drawing must agree with the mark as used on the specimen in an application under §1 of the Trademark Act, 15 U.S.C. §1051; as applied for or registered in a foreign country in an application under §44, 15 U.S.C. §1126; or as it appears in the international registration in an application under §66(a), 15 U.S.C. §1141f(a). 37 C.F.R. §2.51(a)–(d); TMEP §§807.12–807.12(c), 1011.01.

In a TEAS application, the drawing must be submitted electronically through TEAS, and must meet the requirements of 37 C.F.R. §§2.52 and 2.53 (see TMEP §§807.05–807.05(c)). In a paper application, the drawing must be submitted on paper and must meet the requirements of 37 C.F.R. §§2.52 and 2.54 (see TMEP §§807.06–807.06(c)).