TMEP 807.07(a): Requirements for Color Drawings

October 2017 Edition of the TMEP

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807.07(a)    Requirements for Color Drawings

For applications filed on or after November 2, 2003, the USPTO does not accept black-and-white drawings with a color claim, or drawings that show color by use of lining patterns. See 37 C.F.R. §2.52(b)(1).

If the mark includes color, the drawing must show the mark in color.  In addition, the application must include: (1) a claim that the color(s) is/are a feature of the mark; and (2) a color location statement in the "Description of the Mark" field naming the color(s) and describing where the color(s) appear(s) on the mark. 37 C.F.R. §2.52(b)(1). A color drawing will not publish without both of these statements.  See TMEP §807.07(a)(i) regarding the color claim, and TMEP §807.07(a)(ii) regarding the color location statement.