TMEP 904.03(f): Specimens for Sound Marks

This is the October 2015 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), the specimen can be attached to the application 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. To submit an electronic file in connection with any other TEAS form (e.g., Response to Office Action or Statement of Use/Amendment to Allege Use), the file must be sent after the TEAS document is transmitted, as an attachment to an e-mail message directed to, with clear instructions that the electronic file should be associated with “the application filed under U.S. Application Serial No. <specify>.” See In re Powermat Inc., 105 USPQ2d 1789, 1791 (TTAB 2013). Note, however, that audio and video files attached to an e-mail currently cannot exceed 9 MB.

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