TMEP 904.03(d): Electronic and Digital Media Attachments to Paper Filings

October 2017 Edition of the TMEP

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904.03(d)    Electronic and Digital Media Attachments to Paper Filings

In the absence of alternative specimens, the USPTO will accept specimens consisting of compact discs ("CDs"), digital video discs ("DVDs"), videotapes, and audiotapes. See 37 C.F.R. §2.56(d)(3).  Equipment for viewing or listening to these materials is available at the USPTO.

Compact discs, DVDs, audiotapes, and videotapes may contain files in.jpg,.pdf,.wav,.wmv,.wma,.mp3,.mpg, or.avi format.  The USPTO is unable to review files in any other format. The USPTO prefers that the applicant submit small files of less than two minutes in duration.  Only one specimen should be included on each tape or disc; however, in a multiple-class application, the applicant may include more than one specimen on the same disc or tape.  If the nature of the specimen is unclear, the applicant should explain what it is and how it is used.

See TMEP §904.02(a) regarding electronically filed specimens, TMEP §904.03(f) regarding specimens for sound marks, and TMEP §904.03(l) regarding specimens for motion marks.  See also 37 C.F.R. §§2.56(d)(1) and (d)(2) and TMEP §904.02(b) regarding the size requirements for specimens attached to paper filings, and the procedures for handling specimens that exceed these requirements.