807.07(f)(i) TEAS, TEAS RF, TEAS Plus, and §66(a) Applications
If the applicant submits a black-and-white drawing that contains gray or stippling that produces gray tones, and the application states that color is not claimed as a feature of the mark, no further inquiry is required. Similarly, if an applicant submits a black-and-white drawing and a description of the mark that references black, white, and/or gray, and the applicant states that color is not claimed as a feature of the mark, no further inquiry is required and no change to the description of the mark is required.
The word “No” in the “Color Mark” field on a TEAS, TEAS RF, or TEAS Plus application, or in the “Mark in Color” field on a §66(a) application, is sufficient to indicate that color is not claimed as a feature of the mark, even if the application contains the notation “grayscale” in reference to the drawing.
When a mark contains stippling, it is generally not necessary to require a statement that the stippling represents shading or is a feature of the mark, unless the examining attorney believes such a statement is necessary to accurately describe the mark. See TMEP §808.01(b) regarding stippling statements.