Color Claim

If color is claimed as a feature of the mark in the

basic application and/or registration, the international application must include a

statement that color is claimed as a feature of the mark, and set forth the same

name(s) of the color(s) claimed in the basic application and/or registration.

37 C.F.R. §§7.11(a)(4)

,

7.12(a)

.

If the basic application and/or registration includes a

black-and-white reproduction of the mark with a description of the mark indicating

that color is used on the mark, or a reproduction that is lined for color (see Note

below), the USPTO will presume that color is a feature of the mark, unless the basic

application and/or registration includes a statement that “no claim is made to color”

or “color is not a feature of the mark.”  Thus, the basic application and/or

registration will be presumed to have a color claim.

If color is not claimed as a feature of the mark in the

basic application and/or registration, an applicant may not claim color as a feature

of the mark in the international application.

37 C.F.R.

§7.12(b)

.

Note Regarding Color Drawings in U. S. Basic

Applications or Registrations

:  Prior to November 2, 2003, the USPTO did

not accept color drawings.  An applicant who wanted to show color in a mark was

required to submit a black-and-white drawing with a statement identifying the

color(s) and describing where it/they appeared in the mark.  Alternatively, the

applicant could submit a black-and-white drawing that showed color by using a lining

system that previously appeared in

37 C.F.R.

§2.52

but was deleted from the rule effective October 30, 1999.

See

Trademark Law Treaty Implementation Act Changes

,

64 Fed. Reg. 48,900, 48,903

(effective Oct. 30, 1999) (codified

at 37 pts. 1, 2, 3, and 6) (notice in 1226 TMOG 103, 106 (Sept. 28, 1999)). In such

situations, it was presumed that an applicant was claiming color as a feature of the

mark unless the applicant specifically stated that no claim was made to color, or

that color was not claimed as a feature of the mark

eaty Implementation Act Changes

,

64 Fed. Reg. 48,900, 48,903

(effective Oct. 30, 1999) (codified

at 37 pts. 1, 2, 3, and 6) (notice in 1226 TMOG 103, 106 (Sept. 28, 1999)). In such

situations, it was presumed that an applicant was claiming color as a feature of the

mark unless the applicant specifically stated that no claim was made to color, or

that color was not claimed as a feature of the mark.  The USPTO began accepting color

drawings on November 2, 2003.  Effective November 2, 2003, the USPTO stopped

accepting black-and-white drawings with a color claim, or drawings that show color by

use of lining patterns.

37 C.F.R.

§2.52(b)(1)

.  See

TMEP §§807.07–807.07(g)

regarding

the current color drawing requirements.