Reproduction (Drawing) of Mark

An international application must include a

reproduction of the mark that (1) is the same as the mark in the basic application

and/or registration; and (2) meets the requirements of

37 C.F.R.

§2.52

.

37 C.F.R. §7.11(a)(3)

.

For international applications filed electronically, an

image of the mark taken from the Trademark database will appear automatically on the

prepopulated form in the trademark electronic filing system.  If an applicant uses

the free-text form, the applicant must either type the mark in the appropriate field,

or attach a digitized image of the mark that meets the requirements of

37 C.F.R. §2.53(c)

.

For permitted paper submissions

(

see

TMEP §1902.02(a)

), the mark must appear no larger than

3.15 inches (8 cm) high by 3.15 inches (8 cm) wide and must be placed in the box

designated by the IB on the MM2 form.  Regs. Rule 9(4)(a)(v);

Guide to

International Registration

, B.II.13.07.37

et seq.

Standard Character Reproductions

.  If the mark in the basic

application and/or registration is in standard characters, the reproduction of the

mark in the international application must also be in standard characters.  To claim

standard characters, an applicant must check the appropriate box in the trademark

electronic filing system form or on the IB’s official application form MM2 for a

permitted paper submission (

see

TMEP §1902.02(a)

).  The applicant may not claim standard

characters in the international application unless the mark in the basic application

and/or registration is in standard character (or typed) format.  See

TMEP

§§807.03–807.03(i)

for information about standard character

drawings in U.S. applications for registration of marks.  The USPTO’s chart of

standard characters is available on the USPTO website at

https://www.uspto.gov

.

Special Form Reproductions

.  If the mark in the basic application

or registration is in special form, the reproduction of the mark in the international

application must also be in special form

03(i)

for information about standard character

drawings in U.S. applications for registration of marks.  The USPTO’s chart of

standard characters is available on the USPTO website at

https://www.uspto.gov

.

Special Form Reproductions

.  If the mark in the basic application

or registration is in special form, the reproduction of the mark in the international

application must also be in special form.  See

TMEP

§807.04(a)

for the characteristics of special form drawings

in U.S. applications for registration of marks.

Use of Color

.  If the mark in the basic application or

registration is depicted in black and white and does not include a color claim, the

reproduction of the mark in the international application must be black and white.

See

TMEP

§1902.02(e)

regarding color claims.  If the mark in the

basic application or registration is in color, the reproduction of the mark in the

international application must be in color.  If the mark in the basic application or

registration is depicted in black and white, and the basic application or

registration includes a color claim, the international application must include a

color reproduction of the mark that meets the requirements of

37 C.F.R.

§2.52

.

37 C.F.R. §7.11(a)(3)

; Regs. Rule 9(4)(a)(vii).

For example, if the basic application and/or registration includes a color claim and

a black-and-white drawing that depicts the color by the use of color lining or by a

statement describing the color, the applicant must include a color reproduction of

the mark showing the claimed colors and a black-and-white reproduction of the mark

that corresponds to the mark as it appears in the basic application and/or

registration. See the note regarding color drawings in U. S. basic applications or

registrations in

TMEP

§1902.02(e)

.

For permitted paper submissions

(

see

TMEP §1902.02(a)

), the applicant must place the drawing in

the appropriate box designated by the IB on the MM2 form

lors and a black-and-white reproduction of the mark

that corresponds to the mark as it appears in the basic application and/or

registration. See the note regarding color drawings in U. S. basic applications or

registrations in

TMEP

§1902.02(e)

.

For permitted paper submissions

(

see

TMEP §1902.02(a)

), the applicant must place the drawing in

the appropriate box designated by the IB on the MM2 form.  If using the prepopulated

form in the trademark electronic filing system, the black-and-white drawing will

automatically prepopulate the form, and the applicant must attach a substitute color

reproduction of the mark. For the free-text form in the trademark electronic filing

system, however, the applicant must attach a digitized image of the color

reproduction of the mark.

See

TMEP §§807–807.18

for general

information about the requirements for drawings in U.S. applications for registration

of marks.