TMEP 807.02: Drawing Must Be Limited to Mark

October 2017 Edition of the TMEP

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807.02    Drawing Must Be Limited to Mark

The drawing allows the USPTO to properly code and index the mark for search purposes, indicates what the mark is, and provides a means for reproducing the mark in the Official Gazette and on the certificate of registration.  Therefore, matter that appears on the specimen that is not part of the mark should not be placed on the drawing.  Purely informational matter such as net weight, contents, or business addresses are generally not considered part of the mark.

Quotation marks and hyphens should not be included in the mark on a drawing, unless they are a part of the mark.  See TMEP §§807.12(a)(i)–807.14(a)(iii) and 807.14(c) regarding the role of punctuation in determining whether the mark on the drawing agrees with the mark on the specimen.  The drawing may not include extraneous matter such as the letters "TM," "SM," the copyright notice ©, or the federal registration notice ®.  See TMEP §§906–906.04 regarding use of the federal registration notice.

See TMEP §807.14(a) regarding requirements for removal of matter from the drawing.