TMEP 807.16: Amendment of Drawings by the USPTO

This is the October 2015 Edition of the TMEP

Previous: §807.15 | Next: §807.17

807.16    Amendment of Drawings by the USPTO

If the examining attorney requires correction of a standard character drawing, the applicant may submit a substitute drawing (see TMEP §807.15), or may request that the USPTO amend the drawing. If only a minor correction to a standard character drawing (such as deletion of the letters “TM”) is required, the examining attorney may correct the drawing on his or her own initiative, or may require the applicant to submit a substitute drawing.

When correcting a standard character drawing, the examining attorney must create a new drawing page, and have the new drawing page scanned. The examining attorney must also ensure that the “Word Mark” field in the Trademark database is corrected.

When the correction involves a special form drawing, the examining attorney will delete matter from the drawing only if the matter to be deleted is sufficiently separate from the matter that is to remain. If the matter to be deleted is not sufficiently separate from the matter that is to remain, the applicant must submit a substitute drawing. If the examining attorney deletes matter from the drawing, the examining attorney must ensure that the corrected drawing is scanned, and that it appears in the Trademark database, before the mark is approved for publication or registration.

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