[Code of Federal Regulations]
[Title 37, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 37CFR2.52]

[Page 274-275]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
                         DEPARTMENT OF COMMERCE
 
PART 2--RULES OF PRACTICE IN TRADEMARK CASES--Table of Contents
 
Sec. 2.52  Types of drawings and format for drawings.

    (a) A drawing depicts the mark sought to be registered. The drawing 
must show only one mark. The applicant must include a clear drawing of 
the mark when the application is filed. There are two types of drawings:
    (1) Typed drawing. The drawing may be typed if the mark consists 
only of words, letters, numbers, common forms of punctuation, or any 
combination of these elements. In a typed drawing, every word or letter 
must be typed in uppercase type. If the applicant submits a typed 
drawing, the application is not limited to the mark depicted in any 
special form or lettering.
    (2) Special form drawing. A special form drawing is required if the 
mark has a two or three-dimensional design; or color; or words, letters, 
or numbers in a particular style of lettering; or unusual forms of 
punctuation.
    (i) Special form drawings must be made with a pen or by a process 
that will provide high definition when copied. A photolithographic, 
printer's proof copy, or other high quality reproduction of the mark may 
be used. Every line and letter, including lines used for shading, must 
be black. All lines must be clean, sharp, and solid, and must not be 
fine or crowded. Gray tones or tints may not be used for surface shading 
or any other purpose.
    (ii) If necessary to adequately depict the commercial impression of 
the mark, the applicant may be required to submit a drawing that shows 
the placement of the mark by surrounding the mark with a proportionately 
accurate broken-line representation of the particular goods, packaging, 
or advertising on which the mark appears. The applicant must also use 
broken lines to show any other matter not claimed as part of the mark. 
For any drawing using broken lines to indicate placement of the mark, or 
matter not claimed as part of the mark, the applicant must include in 
the body of the application a written description of the

[[Page 275]]

mark and explain the purpose of the broken lines.
    (iii) If the mark has three-dimensional features, the applicant must 
submit a drawing that depicts a single rendition of the mark, and the 
applicant must include a description of the mark indicating that the 
mark is three-dimensional.
    (iv) If the mark has motion, the applicant may submit a drawing that 
depicts a single point in the movement, or the applicant may submit a 
square drawing that contains up to five freeze frames showing various 
points in the movement, whichever best depicts the commercial impression 
of the mark. The applicant must also submit a written description of the 
mark.
    (v) If the mark has color, the applicant may claim that all or part 
of the mark consists of one or more colors. To claim color, the 
applicant must submit a statement explaining where the color or colors 
appear in the mark and the nature of the color(s).
    (vi) If a drawing cannot adequately depict all significant features 
of the mark, the applicant must also submit a written description of the 
mark.
    (3) Sound, scent, and non-visual marks. The applicant is not 
required to submit a drawing if the applicant's mark consists only of a 
sound, a scent, or other completely non-visual matter. For these types 
of marks, the applicant must submit a detailed written description of 
the mark.
    (b) Recommended format for special form drawings--(1) Type of paper 
and ink. The drawing should be on a piece of non-shiny, white paper that 
is separate from the application. Black ink should be used to depict the 
mark.
    (2) Size of paper and size of mark. The drawing should be on paper 
that is 8 to 8\1/2\ inches (20.3 to 21.6 cm.) wide and 11 to 11.69 
inches (27.9 to 29.7 cm.) long. One of the shorter sides of the sheet 
should be regarded as its top edge. The drawing should be between 2.5 
inches (6.1 cm.) and 4 inches (10.3 cm.) high and/or wide. There should 
be at least a 1 inch (2.5 cm.) margin between the drawing and the edges 
of the paper, and at least a 1 inch (2.5 cm.) margin between the drawing 
and the heading.
    (3) Heading. Across the top of the drawing, beginning one inch (2.5 
cm.) from the top edge, the applicant should type the following: 
Applicant's name; applicant's address; the goods or services recited in 
the application, or a typical item of the goods or services if numerous 
items are recited in the application; the date of first use of the mark 
and first use of the mark in commerce in an application under section 
1(a) of the Act; the priority filing date of the relevant foreign 
application in an application claiming the benefit of a prior foreign 
application under section 44(d) of the Act. If the information in the 
heading is lengthy, the heading may continue onto a second page, but the 
mark should be depicted on the first page.
    (c) Drawings in electronically transmitted applications. For an 
electronically transmitted application, if the drawing is in special 
form, the applicant must attach a digitized image of the mark to the 
electronic submission.

[64 FR 48920, Sept. 8, 1999]