TMEP 904.03(l): Specimens for Motion Marks

This is the October 2015 Edition of the TMEP

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904.03(l)    Specimens for Motion Marks

To show that a motion mark actually identifies and distinguishes the goods/services and indicates their source, an applicant must submit a specimen that depicts the motion sufficiently to show how the mark is used on or in connection with the goods/services, and that matches the required description of the mark. Although the drawing for a motion mark may depict a single point in the movement, or up to five freeze frames showing various points in the movement, an acceptable specimen should show the entire repetitive motion in order to depict the commercial impression conveyed by the mark (e.g., a video clip, a series of still photos, or a series of screen shots).

For TEAS applications under §1(a) in which the specimen is an electronic file in.wav,.wmv,.wma,.mp3,.mpg, or.avi format, the electronic file can be attached to the application, but should not exceed 5 MB for audio files and 30 MB for video files 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 TEAS@uspto.gov, with clear instructions that the electronic file should be associated with “the application filed under Serial No. <specify>.” 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 §807.11 regarding drawings for motion marks.