TMEP 807.06(c): Separate Drawing Page Preferred

October 2017 Edition of the TMEP

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807.06(c)    Separate Drawing Page Preferred

The USPTO recommends that an applicant submit a drawing of the mark on a separate page from the written application. 37 C.F.R. §2.54(a).  However, a separate drawing page is not mandatory.  Instead of a drawing page, an applicant may include a drawing of the mark embedded in the application, in either the heading or the body of the application.

If the applicant identifies a separate page as a drawing (e.g., by labeling it as a drawing, or providing a heading with the applicant’s name, address and the subject goods/services), this will be the only drawing considered.

A mark depicted on the specimen, in the foreign registration, or in the international registration will not be considered a drawing.

If there is no separate drawing page, the examining attorney must review the application to determine what the mark is.  If an embedded drawing meets the requirements of 37 C.F.R. §§2.51–2.52, 2.54, the examining attorney should accept it and not require a substitute drawing.

Effective October 30, 1999, a separate drawing page is considered part of the written application, not a separate element.  Dates of use, disclaimers, descriptions of the mark, identifications of goods/services, and other information that appears on the drawing are also considered part of the written application.  This applies to substitute drawings as well as original drawings.  If there is an inconsistency between the information on the drawing page and the information in the body of the application, the examining attorney must require clarification.

If an applicant submits a separate drawing page showing a mark, and a different mark appears in the written application, the drawing page controls for purposes of determining what the mark is. See TMEP §807.01.