TMEP 904.03(f): Specimens for Sound Marks

October 2017 Edition of the TMEP

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904.03(f)    Specimens for Sound Marks

To show that a sound mark actually identifies and distinguishes the goods/services/collective membership organization and indicates their source, an applicant must submit a specimen that contains a sufficient portion of the audio or video content to show how the mark is used on or in connection with the goods/services/collective membership organization.

For paper filings, specimens for sound marks must be submitted on CDs, DVDs, videotapes, or audiotapes. See 37 C.F.R. §2.56(d)(3); TMEP §904.03(d).

For TEAS applications under §1(a), as well as response, statement of use/amendment to allege use, petition, and registration maintenance/renewal forms, the specimen can be attached to the TEAS form and must be an electronic file in.wav,.wmv,.wma,.mp3,.mpg, or.avi format.  Audio files should not exceed 5 MB in size, and video files should not exceed 30 MB, because TEAS cannot accommodate larger files.

See TMEP §904.02(a) regarding specimens filed electronically. See also TMEP §807.09 and TMEP §1202.15 regarding sound marks.