807.19 Use of Old Drawing in New Application
37 C.F.R. 2.26. Use of old drawing in new application. In an application filed in place of an abandoned or rejected application, or in an application for reregistration (§2.158), a new complete application is required, but the old drawing, if suitable, may be used. The application must be accompanied by a request for the transfer of the drawing, and by a permanent photographic copy, or an order for such copy, of the drawing to be placed in the original file. A drawing so transferred, or to be transferred, cannot be amended.
An old drawing cannot be transferred to a TEAS application.
In a paper application, a drawing from an abandoned application may be transferred to and used in a new application, if the file has not been destroyed. A drawing from a pending application may be transferred only if there is evidence in the application file that the application will become abandoned before the new application will mature into registration.
In a paper application, a drawing from an expired or cancelled registration may be transferred to and used in a new application, if the registration file has not been destroyed.
Transfers of drawings from files of active registrations are not permitted.
Transfers may be made only if the original mark is identical to the mark in the new application and if the drawing meets all requirements of 37 C.F.R. §§2.51 and 2.52.
To avoid the erroneous denial of a filing date, it is advisable at the time of filing to include a drawing page and, in the place where the mark would otherwise appear, a notation that the applicant requests transfer of a drawing under 37 C.F.R. 2.26 and the registration number or serial number of the file from which the applicant requests that the drawing be transferred.The USPTO destroys abandoned paper application files and cancelled or expired paper registration files two years after they become abandoned, cancelled or expired. See TMEP §§109.02 and 718.07. Therefore, an applicant should not request transfer of a drawing from a file that has been abandoned, cancelled or expired for more than two years. If an applicant does request the transfer of a drawing from a file that has been destroyed, the application will be denied a filing date for failure to comply with 37 C.F.R. 2.21(a)(3) (clear drawing of the mark required for receipt of a filing date).