TMEP 807.07(e): Black-and-White Drawings and Color Claims

This is the October 2015 Edition of the TMEP

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807.07(e)    Black-and-White Drawings and Color Claims

If an applicant submits a black-and-white drawing that is lined for color (see TMEP §808.01(b)), or if the applicant submits a black-and-white drawing with an application that includes a color claim, the examining attorney must require the applicant to submit a color drawing, a claim that color(s) is a feature of the mark, and a separate statement naming the color(s) and describing where the color(s) appears on the mark. See TMEP §§807.07(a)–807.07(a)(ii). If, however, the examining attorney determines that the color is a non-material element of the drawing, the applicant may instead be given the option of submitting a black-and-white drawing that is not lined for color, or deleting the color claim in the written application, whichever is applicable.

If an applicant submits a black-and-white drawing that is not lined for color, and there is no color claim in the written application, generally the applicant cannot substitute a color drawing and claim color, unless the examining attorney determines that the color is a non-material element of the drawing.