808.01 Guidelines for Requiring Description
For applications filed on or after May 13, 2008, a description of the mark is required for any mark not in standard characters.
Therefore, the examining attorney must require a description of the mark if:
- the applicant is claiming a particular font style, size, or color of words, letters, or numbers;
- the mark contains a design element;
- the mark includes non-Latin characters;
- the mark includes non-Roman or non-Arabic numerals;
- the mark includes uncommon punctuation or diacritical marks;
- the mark is three-dimensional, or a configuration of the goods or packaging ( see TMEP §§807.10, 1202.02(c)(ii));
- the drawing includes broken lines to show position or placement or to indicate a portion of the product or packaging that is not part of the mark ( see TMEP §§807.08, 1202.02(c)(ii));
- the mark includes color ( see TMEP §§807.07(a), 1202.05(e));
- the mark includes motion ( see TMEP §807.11);
- the mark is a sound, scent, or other non-visual mark ( see TMEP §807.09);
- the mark appears in standard characters, but an element of the mark is unclear or ambiguous; or
- the mark consists of characters from the standard character set ( see TMEP §807.03(b)), but the characters are displayed in a manner that affects the meaning or significantly contributes to the overall commercial impression of the mark, such as using standard characters that create emoticons ( see TMEP §807.03(c)).
See 37 C.F.R. §§2.37, 2.52.