TMEP 807.08: Broken Lines to Show Placement

This is the October 2015 Edition of the TMEP

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807.08    Broken Lines to Show Placement

37 C.F.R. §2.52(b)(4) Broken lines to show placement.

If necessary to adequately depict the commercial impression of the mark, the applicant may be required to submit a drawing that shows the placement of the mark by surrounding the mark with a proportionately accurate broken-line representation of the particular goods, packaging, or advertising on which the mark appears. The applicant must also use broken lines to show any other matter not claimed as part of the mark. For any drawing using broken lines to indicate placement of the mark, or matter not claimed as part of the mark, the applicant must describe the mark and explain the purpose of the broken lines.

Occasionally, the position of the mark on the goods, packaging, or a label may be a feature of the mark. If necessary to adequately depict the commercial impression of the mark, the examining attorney may require the applicant to submit a drawing that shows the placement of the mark by surrounding the mark with a proportionately accurate broken- or dotted-line representation of the particular goods, packaging, or advertising on which the mark appears. The applicant must also use broken or dotted lines to show any other matter not claimed as part of the mark. For any drawing using broken or dotted lines to indicate placement of the mark, or matter not claimed as part of the mark, the applicant must include a written description of the mark and explain the purpose of the broken or dotted lines, for example, by indicating that the matter shown by the broken or dotted lines is not a part of the mark and that it serves only to show the position of the mark. 37 C.F.R. §2.52(b)(4).

The drawing should clearly define the matter the applicant claims as its mark. See In re Water Gremlin Co., 635 F.2d 841, 208 USPQ 89 (C.C.P.A. 1980); In re Famous Foods, Inc., 217 USPQ 177 (TTAB 1983).

See TMEP §1202.02(c)(i) regarding drawings of three-dimensional trade dress marks.

Because the matter depicted in broken or dotted lines is not part of the mark, it should not be considered in determining likelihood of confusion. In re Homeland Vinyl Prods, Inc., 81 USPQ2d 1378 (TTAB 2006). See TMEP §1202.02(c)(i) regarding drawings in trade dress applications.