TMEP 807.03(c): Drawings Containing Both a Standard Character Claim and Designs or Other Elements

This is the October 2015 Edition of the TMEP

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807.03(c)    Drawings Containing Both a Standard Character Claim and Designs or Other Elements

If the application contains a standard character claim, but the mark includes a design element, color, a claim of a particular style or size of lettering, or other elements such that the mark does not meet the requirements of 37 C.F.R. §2.52(a), then the examining attorney must: (1) treat the drawing as a special form drawing; (2) require that the applicant delete the standard character claim from the record; (3) ensure that the appropriate mark drawing code is entered into the Trademark database; and (4) if appropriate, add design search codes. See TMEP §807.18 concerning mark drawing codes and TMEP §104 regarding design codes.

Similarly, a standard character claim is not acceptable where the characters form shapes or designs, such as emoticons.