TMEP 819.01(j): Color Claim

October 2017 Edition of the TMEP

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819.01(j)    Color Claim

As noted above, if the mark includes color, the drawing must show the mark in color. 37 C.F.R. §2.22(a)(12).  In addition, the application must include: (1) a claim that the color(s) is a feature of the mark; and (2) a statement in the "Description of the Mark" field naming the color(s) and describing where the color(s) appear on the mark. 37 C.F.R. §§2.22(a)(14) and 2.52(b)(1).  The TEAS Plus form includes a checkbox in the "Color(s) Claimed" field to indicate whether the mark is in color.  When the applicant checks this box, the applicant must name the colors claimed in the text field below the checkbox in the same "Color(s) Claimed" field.  The applicant must then enter the color location statement in a separate "Description of the Mark" field.

As long as the initial application has a color drawing and applicant makes a reasonable attempt to identify the colors claimed in either the "Color(s) Claimed" field or the "Description of the Mark" field, no additional fee is required if the application is amended to clarify the information or to correct an inadvertent error, as long as the amendment is filed through TEAS or entered by examiner’s amendment.  For example, applicant will not lose TEAS Plus status if the list of colors claimed is incomplete, or if the mark description does not identify the location of the colors claimed.  However, the additional fee is required if the applicant fails to identify any colors.

See TMEP §§807.07(a)–807.07(a)(ii) for further information about color claims.