TMEP 819.01(i): Drawing

This is the October 2015 Edition of the TMEP

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819.01(i)    Drawing

The application must include a clear drawing of the mark comprising either: (1) a claim of standard characters and the mark, typed in the appropriate TEAS Plus field; or (2) a digitized image of a mark in special form. 37 C.F.R. §2.22(a)(12). TEAS Plus requires the applicant to indicate whether the mark is stylized or in standard characters, and will not accept the transmission unless the applicant selects one of these options. If the applicant claims standard characters, TEAS Plus will not accept transmission unless something has been typed in the appropriate field. The TEAS Plus system will generate a digitized image of the standard character mark and attach it to the application.

A “clear drawing of the mark” is the same standard used in 37 C.F.R. §2.21(a)(3), which sets forth the requirements for receipt of an application filing date. Thus, if the TEAS Plus application does not include a clear drawing of the mark, the application will be denied a filing date, in accordance with standard procedures for processing informal applications (see TMEP §§202–202.03 and 204–204.03). If the application meets the requirement for a clear drawing of the mark, the applicant will not lose TEAS Plus status if the examining attorney requires amendment of the drawing because it does not meet all the requirements of 37 C.F.R. §§2.51–2.53.

Marks That Include Color. If the mark includes color, the drawing must show the mark in color, or the applicant will lose TEAS Plus status. 37 C.F.R. §2.22(a)(12). The application must also include a color claim and a statement in the “Description of the Mark” field naming the color(s) and describing where they appear on the mark. 37 C.F.R. §§2.22(a)(14) and 2.52(b)(1). See TMEP §819.01(j).

See TMEP §§807.03–807.03(i) for further information about standard character drawings, and TMEP §807.05(c) for the requirements for digitized images.