TMEP 904.02(c)(i): Other Materials Required for Examination

October 2017 Edition of the TMEP

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904.02(c)(i)    Other Materials Required for Examination

During examination, an examining attorney also has the discretion to request additional materials, under 37 C.F.R. §2.61(b), if necessary for proper examination of the mark. TMEP §814.  For example, if the mark is a configuration of the goods or of the container for the goods, the examining attorney may require one actual product or container.  Or the examining attorney might require a complete copy of a publication in order to determine whether a mark is merely descriptive of the goods.  See TMEP §904.02(c)(iii) regarding marks used on publications.

In specific cases, such as when an applicant submits additional materials in response to a requirement made by the examining attorney, and the materials do not meet the size parameters identified above, the USPTO may create facsimiles of these materials to be entered into the record and destroy the originals.  However, the examining attorney should encourage the applicant to submit a photograph of the specimen(s) or evidence for the record.