TMEP 807.10: Three-Dimensional Marks

This is the October 2015 Edition of the TMEP

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807.10    Three-Dimensional Marks

37 C.F.R. §2.52(b)(2) Three dimensional marks.

If the mark has three-dimensional features, the drawing must depict a single rendition of the mark, and the applicant must indicate that the mark is three-dimensional.

If the mark is three-dimensional, the drawing should present a single rendition of the mark in three dimensions. See In re Schaefer Marine, Inc., 223 USPQ 170, 171 n.1 (TTAB 1984). The applicant must include a description of the mark indicating that the mark is three-dimensional.

Under 37 C.F.R. §2.52(b)(2), the applicant is required to submit a drawing that depicts a single rendition of the mark. See TMEP §1202.02(c)(iv). If the applicant believes that its mark cannot be adequately depicted in a single rendition, the applicant may file a petition under 37 C.F.R. §2.146 requesting that the rule be waived. See TMEP Chapter 1700 regarding petitions, and TMEP §1202.02(c)(ii) regarding information required in descriptions for trade dress marks comprising product design or product packaging, or trade dress for services.