TMEP 808.01: Guidelines for Requiring Description

This is the October 2015 Edition of the TMEP

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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.