TMEP 819.01(k): Description of the Mark

This is the October 2015 Edition of the TMEP

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819.01(k)    Description of the Mark

If the mark is not in standard characters, the application must include a description of the mark. 37 C.F.R. §§2.22(a)(15) and 2.37. The applicant must enter the description in the “Description of the Mark” field of the TEAS Plus application.

TEAS Plus will not accept transmission of an application that does not include either: (1) a standard character claim; or (2) a description of the mark. If the applicant makes a good faith effort to describe the mark, no additional fee is required if the description is later amended, either in response to an examining attorney’s requirement or on applicant’s initiative, as long as the amendment is filed through TEAS or entered by examiner’s amendment. However, the additional fee is required if the applicant enters completely inappropriate information in the “Description of the Mark” field.

If the mark includes color, the “Description of the Mark” field must include a statement naming the color(s) and describing where the color(s) appear on the mark. See TMEP §819.01(j) regarding color claims.

See TMEP §§808–808.03(g) for further information about descriptions of the mark.