TMEP 807.03(g): Drawings in "Typed" Format With No Standard Character Claim

October 2017 Edition of the TMEP

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807.03(g)    Drawings in "Typed" Format With No Standard Character Claim

Section 1 Applications.  If the application does not include a standard character claim, but the mark is shown in a format that would have been considered "typed" prior to November 2, 2003 (i.e., the mark is shown in capital letters, or the mark is specified as "typed" in the body of the application, on a separate drawing page, or on a cover letter filed with the application), the drawing will initially be coded and entered into the automated records of the USPTO as a special form drawing.  However, the examining attorney must treat the drawing of the mark as a standard character drawing and ensure that a standard character claim is entered into the record.

If the application is ready to be published for opposition, the examining attorney must enter the standard character claim by a no-call examiner’s amendment.  In this situation, no prior authorization from the applicant is required to add a claim by an examiner’s amendment. See TMEP §707.02.  If an Office action is necessary, it must include a requirement that the applicant submit a standard character claim.

Once the applicant submits a standard character statement, the examining attorney must ensure that the mark drawing code is changed to 4 ( see TMEP §807.18).

Section 44 Applications.  In a §44 application, the applicant cannot claim standard characters unless the foreign registration also claims standard characters. See TMEP §807.03(f).

Section 66(a) Applications.  In a §66(a) application, if the application does not include a standard character claim but the mark is shown in what appears to be standard character format, see TMEP §807.03(h).