TMEP 807.05(c): Requirements for Digitized Images

October 2017 Edition of the TMEP

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807.05(c)    Requirements for Digitized Images

The mark image must be in.jpg format, and should be scanned at no less than 300 dots per inch and no more than 350 dots per inch, to produce the highest quality image.  All lines must be clean, sharp, and solid, must not be fine or crowded, and must produce a high-quality image.  37 C.F.R §2.53(c).  It is recommended that mark images have a length of no less than 250 pixels and no more than 944 pixels, and a width of no less than 250 pixels and no more than 944 pixels.

Mark images should have little or no white space appearing around the design of the mark.  If scanning from a paper image of the mark, it may be necessary to cut out the mark and scan it with little or no surrounding white space.  Failure to do this may cause the mark to appear very small in the USPTO’s automated records, such that it may be difficult to recognize all words or design features of the mark.  To ensure that there is a clear image of the mark in the automated records of the USPTO, examining attorneys and LIEs should view the mark on the Publication Review program available on the USPTO’s internal computer network.  If the mark is not clear, the examining attorney must require a new drawing that meets the requirements of 37 C.F.R. §§2.52–2.54.

When color is not claimed as a feature of the mark, the image must be depicted only in black and white.  When scanning an image, the applicant should confirm that the settings on the scanner are set to create a black-and-white image file, not a color image file.

Mark images may not include extraneous matter such as the symbols TM or SM, or the registration notice ®.  The image should be limited to the mark. See TMEP §807.02.