TMEP 904.03(l): Specimens for Motion Marks

October 2017 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), 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 §807.11 regarding drawings for motion marks and TMEP §904.02(a) regarding specimens filed electronically.