TMEP 807.15: Substitute Drawings

This is the October 2015 Edition of the TMEP

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807.15    Substitute Drawings

When requiring a substitute drawing, the examining attorney must inform the applicant of the specific reason for rejecting the existing drawing and explain what type of amendment is needed to comply with the rules.

If the examining attorney requires a change in the drawing, the applicant must submit a substitute drawing, except in the limited circumstances discussed in TMEP §807.16 in which the USPTO will amend or correct a drawing. The USPTO will not return the original drawing to the applicant. 37 C.F.R. §2.25.

If the examining attorney requires correction of a standard character drawing, the applicant may select “Standard Characters” in the Mark Information section of the TEAS Response to Office Action form and enter the proposed amended mark. If the required change is to a special-form drawing, the applicant may select “Special Form” in the Mark Information section of the TEAS Response to Office Action form and attach a digitized image of the substitute drawing to the form or submit a separate drawing page if the response is filed on paper. The USPTO will accept a substitute drawing embedded in a paper response to an Office action if the substitute drawing meets the requirements of 37 C.F.R. §§2.51 and 2.52.

When the applicant voluntarily submits a substitute drawing, the examining attorney must determine whether the substitute drawing is acceptable. See TMEP §807.17 regarding the procedures for processing unacceptable amendments to drawings.

When a substitute drawing is submitted and accepted, the original drawing is replaced by the substitute drawing. The examining attorney must ensure that the automated records of the USPTO reflect the amended mark, and have the Trademark database corrected, if necessary. The original drawing remains in the record.

The examining attorney must also ensure that the mark drawing code is changed, if necessary. See TMEP §807.18 concerning mark drawing codes.