GENERAL GUIDELINES FOR CODING DESIGN MARKS

TABLE OF CONTENTS

GUIDELINE 1 - STANDARD CHARACTER AND STYLIZED LETTERING
GUIDELINE 2 - THREE LEVELS OF DESIGN CODES
GUIDELINE 3 - CODING SIGNIFICANT ELEMENTS
GUIDELINE 4 - BORDERS AND CARRIER DESIGNS
GUIDELINE 5 - CODING THE PARTS VERSUS THE WHOLE
GUIDELINE 6 - CODE ELEMENTS IF IN DOUBT
GUIDELINE 7 - CODE IN ALL RELEVANT SECTIONS
GUIDELINE 8 - CODING PARTS OF OBJECTS
GUIDELINE 9 - REPETITIVE ELEMENTS CODED ONCE
GUIDELINE 10 - NUMERIC REFERENCES IN THIRD LEVEL CODES
GUIDELINE 11 - BROKEN OR DOTTED LINES IN MARKS
GUIDELINE 12 - HUMAN DESIGN ELEMENTS
GUIDELINE 13 - ANIMAL DESIGN ELEMENTS
GUIDELINE 14 - INCONSPICUOUS DESIGN ELEMENTS
GUIDELINE 15 - COLOR MARKS

GUIDELINE 1 - STANDARD CHARACTER AND STYLIZED LETTERING

TRADEMARKS COMPOSED MERELY OF STANDARD CHARACTERS, TYPE PRINT, BLOCK OR STYLIZED LETTERING ARE NOT CODED BECAUSE THEY DO NOT CONTAIN DESIGN ELEMENTS.

Examples of marks that do not contain design elements

GUIDELINE 2 - THREE LEVELS OF DESIGN CODES

TRADEMARKS CONTAINING DESIGN FIGURATIVE ELEMENTS ARE CODED UNDER ALL THREE LEVELS: FIRST (CATEGORY), SECOND (DIVISION) AND THIRD (SECTION). DESIGN CODE ENTRIES ARE SIX DIGITS.

Coded as 18.05.01 because it is in Category 18 (Transport), Division 05 (Land Motor Vehicles) and Section 01 (Automobiles).

Coded as 03.23.11 because it is in Category 03 (Animals), Division 23 (Insects, Spiders, Micro-organisms) and Section 11 (Ants).

Coded as 22.03.01 because it is in Category 22 (Musical Instruments and their accessories; Bells; Sculptures), Division 03 (Bells) and Section 01 (Liberty Bell or bells with cracks).

GUIDELINE 3 - CODING SIGNIFICANT ELEMENTS

SOME MARKS CONTAIN MORE THAN ONE DESIGN FIGURATIVE ELEMENT. ONLY THE SIGNIFICANT DESIGN ELEMENTS ARE CODED.

Factors to consider in determining significant elements:

1. The total number of design elements in the mark. (The greater the number of design elements in a mark, the less prominent some will be.)
   

   

   Coded as 07.03.06 (supermarkets); 02.01.38 (men in aprons); 02.09.11 (men engaged in work); 02.05.05 (boys). The other features such as the cash register, scales, and food are not coded because they are insignificant to the overall commercial impression of the mark.

GUIDELINE 4 - BORDERS AND CARRIER DESIGNS

GEOMETRIC SHAPES THAT MERELY SERVE TO CARRY THE MARK ARE CODED AS CARRIERS OR BORDERS IN CATEGORY 26. A GEOMETRIC SHAPE FORMING A BORDER OR CARRIER DOES NOT CREATE A SIGNIFICANT COMMERCIAL IMPRESSION, IT HOLDS OR BORDERS THE DESIGN OR TEXTUAL MATTER.

Coded as 26.03.01(oval carriers or borders) because the oval design "carries" the word mark.

Coded as 26.03.01(oval carriers or borders) because the oval design acts as a border for the mark. The spring design is coded as 14.03.01(springs (hardware)).

If a mark consists of more than one type of geometric shape, code the geometric shapes. Do not code as a border or carrier.

Coded as 26.01.02 (single line circles); 26.05.02 (single line triangles); 26.11.13 (two rectangles); 26.11.21 (shaded rectangles) and 27.03.01 (geometric figures forming letters). The circle is not coded as 26.01.01 (circles as carriers).

GUIDELINE 5 - CODING THE PARTS VERSUS THE WHOLE

CERTAIN DESIGN ELEMENTS CONTAIN COMPONENT PARTS. A COMPONENT PART IS ONE WHICH IS INTEGRAL TO THE DESIGN ELEMENT AS A WHOLE.

1. Where a design element contains a nondistinctive component part, the entire design, and not the component part, is coded. Generally, realistic representations of component parts are considered nondistinctive.

   

   The building is coded as 07.03.06(commercial establishments). The roof and the windows are not coded separately because they are not distinctive components; they merely form part of the entire building design.
   

2. Where design elements contain distinctive component parts, both the design element as a whole and its distinctive component(s) are coded.

   

   Coded as 02.09.15 (humans playing musical instruments) and as 22.01.06 (guitars) because the guitar is a distinctive element in the mark.

GUIDELINE 6 - CODE ELEMENTS IF IN DOUBT

IF THERE IS DOUBT AS TO WHETHER A PARTICULAR DESIGN ELEMENT SHOULD BE CODED, CODE THE DESIGN ELEMENT IN QUESTION.

Coded as 18.05.05 (tow trucks), 01.17.11 (maps of states of the U.S.), 01.01.13 (more than one star with five points) and 01.01.10 (three or more stars). There may be some doubt as to whether the stars are significant enough to be coded. Resolve any doubts in favor of coding the stars.

GUIDELINE 7 - CODE IN ALL RELEVANT SECTIONS

DESIGN ELEMENTS THAT MAY FALL INTO MORE THAN ONE SECTION ARE CODED IN ALL PERTINENT SECTIONS.

1. An individual design element may be multiple coded
   

   

   Coded in both 03.07.08 (heads of deer) and 03.07.07 (deer)

   

   The star is coded both as 01.01.03 (single star with five points) and 01.01.08 (stars representing a human face)

2. In some cases, there may be doubt about how to code a design element; when in doubt, each section is coded.
   

   

   It is not clear whether this should be coded as a polar scene (06.09.06) or as mountains (06.01.04), so it is coded as both.

GUIDELINE 8 - CODING PARTS OF OBJECTS

SOME DESIGN ELEMENTS CONSIST OF A PART OF AN OBJECT, RATHER THAN THE WHOLE OBJECT.

1. If a specific third level code (section) exists for part of an object, it is coded accordingly.
   

   

   Coded in 18.11.03 (mufflers) and not in 18.05.01 (automobiles) because there is a specific code for this part of the automobile.

2. If there is a second level (Division) breakdown for "parts of an object", the design element part is coded in the most specific third level code in that division.
   

   

   The mark contains the design of an automobile windshield. There is a division for parts of vehicles (18.11) but no section specifically for windshields. The design is coded in 18.11.25 (other parts of vehicles).

   

   The chopsticks are coded in 11.01.25 (other non electric kitchen utensils) because there is no specific third level section for chopsticks.

3. If no specific code exists for the specific part, it is coded wherever the object as a whole is coded.

   

   The design consists of the blade portion of a hockey stick. It is coded as 21.03.23 (hockey sticks).

GUIDELINE 9 - REPETITIVE ELEMENTS CODED ONCE

IF TWO OR MORE DESIGN ELEMENTS FALL WITHIN THE SAME THIRD LEVEL CODE, THE PARTICULAR CODE IS RECORDED ONLY ONCE.

Although there is more than one non-Latin character in the mark, the code for non-Latin characters (28.01.03) appears only once in the database.

The multiple elephants are only coded once as 03.03.01 (elephants).

GUIDELINE 10 - NUMERIC REFERENCES IN THIRD LEVEL CODES

SOME THIRD LEVEL CODES CONTAIN NUMERIC REFERENCES THAT INDICATE WHETHER A PARTICULAR DESIGN ELEMENT APPEARS ONCE OR MORE THAN ONCE IN A MARK. IN SUCH CASES, THE DESIGN ELEMENT IS DOUBLE CODED WITH THE CODE FOR THE OBJECT AND WITH THE CODE FOR THE NUMBER OF TIMES THE DESIGN ELEMENT APPEARS.

Coded in both 05.01.10 (more than one tree) and in 05.01.03 (palm trees).

Coded as 26.05.13 (two triangles) and in 26.05.12 (triangles with bars, bands and lines).

GUIDELINE 11 - BROKEN OR DOTTED LINES IN MARKS

DOTTED LINES DEPICTING AN ARTICLE OF MANUFACTURE, SUCH AS SHOES OR PARTS OF CLOTHING, ARE CODED AS THE OBJECT THEY REPRESENT.

The matter in dotted lines, although not claimed as part of the mark, is coded in 09.07.02 (shoes).

GUIDELINE 12 - HUMAN DESIGN ELEMENTS

1. If there is doubt as to the sex of the human, the design is coded as male.
   
   
2. Stylized human designs contain disproportionate elements or characteristics that modify the appearance of an actual human being. Stylized humans are coded in both the stylized code and the appropriate "realistic" human code sections including "Groups" and "Activities". If there is doubt as to whether a design is stylized it is coded in the stylized section.
   

   

   These designs are coded as stylized humans because they are representations of actual human beings with disproportionate or oversized features. The design on the left is coded as 02.05.24 (stylized children). The middle and right designs are coded as 02.01.31 (stylized men).

3. Grotesque human designs are comprised of objects, plants, or geometric figures, or designs that form an incongruous appearance. Stick figures are coded as grotesque humans because they are comprised of geometric designs (lines and circles). In addition, letters or numerals, including punctuation, forming representations of humans are coded as grotesque humans.
   

   

   Coded as 02.03.28 (grotesque women formed by plants) because the body of the woman is formed by the pear.

   

   Coded as 02.03.26 (grotesque women) because the female design is comprised of letters, numbers and geometric shapes.

   

   These figures are coded in 02.01.33 (grotesque men formed by letters, numbers and geometric shapes) because it is unclear if they are men or women and the figures are composed of geometric designs. Stick figures are not coded under shadows or silhouettes (02.01.02 or 02.03.02).

GUIDELINE 13 - ANIMAL DESIGN ELEMENTS.

1. Stylized animal designs contain disproportionate characteristics that modify the appearance of an actual animal. All stylized animals are coded in both the stylized code and the appropriate "realistic" animal code sections.
   

   

   Coded as 03.01.24 (stylized dogs) because of the elongated tongue and large mouth. The design is also coded in 03.01.08 (dogs) and 03.01.16(heads of dogs).

   

   Coded as 03.03.24 (stylized hippopotami) because of the disproportionate jaw. Also coded as 03.03.03 (hippopotami) and 03.03.16 (heads of hippopotami).

2. Costumed animals and animals with human attributes or possessing objects associated with humans are coded at the various costumed animal codes "03.XX.26." They are also coded in the appropriate "realistic" animal codes. Costumed animals and those with human attributes are not coded under the stylized animal section.

   

   The design on the left is coded as 03.15.26 (costumed penguins). The center design is coded as 03.07.26 (costumed cattle). The design on the right is coded as 03.21.26 (costumed lizards).

GUIDELINE 14 – INCONSPICUOUS DESIGN ELEMENTS

SMALL, INCONSPICUOUS DESIGN ELEMENTS WHICH MERELY FUNCTION AS PUNCTUATION OR PARTS OF LETTERS ARE ONLY CODED IN 29.01.07.

The star design is coded as an inconspicuous design element in 29.01.07 because it merely forms part of the exclamation point.

The heart design is only coded in 29.01.07 because it forms part of the letter “i”.

GUIDELINE 15 - COLOR MARKS

THE MARKS CODED AS “COLOR MARKS” UNDER 29.02 – 29.07 CLAIM ONE OR MORE COLORS AS THE MARK. THE DESCRIPTION OF THE MARK IS OFTEN HELPFUL IN DETERMINING WHETHER THE MARK CONSISTS OF COLOR ALONE. BECAUSE THESE MARKS ARE FOR COLOR ALONE, THERE ARE NO WORDS, NUMBERS OR LETTERS ON THE DRAWING. THE DESIGN IS ALSO CODED IN THE APPROPRIATE DESIGN CODE FOR THAT DESIGN.

1. Marks consisting of a single color used on the entire goods or goods used in rendering a service are coded in 29.02. These drawings often have objects appearing in dotted lines.

   

   Coded as 29.02.07 (orange used on the entire vehicle). Also coded as 18.05.05 (vans).

   

   Coded as 29.02.01 (red used on the goods). Also coded as 14.03.25 (other small hardware).

2. Marks consisting of a single color used on a portion of the goods or on a portion of the goods used in rendering a service are coded in 29.03. These drawings often show the object in dotted lines.
   

   

   Coded as 29.03.08 (yellow used on a portion of the goods). Also coded as 14.01.01 (pipes).

3. Marks consisting of a single color used on packaging or labels for the goods or on signs used with services are coded in 29.04. These drawings often show the packaging or signs in dotted lines.

   

   Coded as 29.04.05 (purple used on packaging). Also coded as 19.09.12 (bottles with sprayers).

4. Marks consisting of multiple colors used on the entire goods or on goods used in rendering a service are coded in 29.05. These drawings often show the object in dotted lines.

   

   The trademark consists of the colors green and yellow applied to the goods as shown in the drawing. This design is coded as 29.05.06 (green used on the goods) and 29.05.08 (yellow used on the goods). Also coded as 21.03.08 (fishing tackle).

5. Marks consisting of multiple colors used on a portion of the goods or on goods used in rendering a service are coded in 29.06. These drawings often show the object in dotted lines.
   

   

   The mark consists solely of the colors blue and red located at the top of a plumbing metering valve. This design is coded as 29.06.03 (blue) and 29.06.01 (red). Also coded as 12.03.04 (valves).

6. Marks consisting of a multiple colors used on packaging or labels for the goods or on signs used with services are coded in 29.07. These drawings often show the packaging or signs in dotted lines.
   

   

   Coded as 29.07.06 (green) and 29.07.08 (yellow). Also coded as 19.09.02 (bottle with protruding sides).

7. Prior to November 2, 2003 an applicant was allowed to represent color in a mark by using a color lining system. The color lining system required applicants to line their drawings using certain patterns designated for certain colors, and to provide a color lining statement describing where the colors appeared. The color lining system is represented in the chart below:
   
   

   

   Some applicants continue to file for color marks using this system. The drawing in these applications will be lined as indicated above and the application will contain a claim to a specific color or colors. The coder should only code marks as color marks if both the color lining and color statement appear in the application. As with all marks for color alone, there are no words, letters or numbers in the mark.