Making A Trademark Drawing

01
of 05

Introduction - Standard Mark

Standard Mark
Standard Mark - Typed into TEAS with USPTO Preview Window Open.

Every application must include a single drawing. If there is none, the application will be denied a filing date. The USPTO uses the drawing to file the mark in the USPTO search records and to print the mark in the Official Gazette and on the registration.

For TEAS applications, if the mark is a standard mark, a separate drawing depicting the mark is not required. You will be instructed to type in the mark.

If the mark is stylized, (i.e., includes a design or stylized lettering), the applicant must attach/upload a digitized image of the mark in .jpg format for TEAS electronic submission.

Requirements for Standard Marks

An applicant may submit a standard character drawing if:
  • All letters and words in the mark are depicted in Latin characters
  • All numerals in the mark are depicted in Roman or Arabic numerals
  • The mark includes only common punctuation marks and diacritical marks
  • The mark does not include a design element
  • You will also be submitting the following statement which you should agree to, "The mark is presented in standard character format without claim to any particular font style, size or color."
The USPTO has created a standard character, set that lists the only letters, numerals, punctuation marks, and diacritical marks that may be used in a standard character drawing.
02
of 05

Stylized Marks

TM REG 1644552.
Image files for TEAS must be in JPG format. To file an initial application for a stylized or design mark, you must be able to upload a black-and-white image file (unless color is being claimed).

If filing for a stylized or design mark, ensure that before even attempting to begin the electronic filing process that the required JPG image file is in the recommended pixel range (between 250 and 944 pixels, in any direction) and scanned at 300-350 DPI. If scanning any image that is to be a black-and-white image, the scanner must be set for black-and-white, not color. I.e., if the improper setting is used, the produced image may appear to be black-and-white, but will actually consist of thousands of colors, and will result in an image of unacceptable quality when received at the USPTO.

Rules

  • Mark images should not include the trademark, service mark or registration symbols (TM, SM, ®). These symbols should only appear on specimens.
  • Mark images should be submitted with as little white space around the design as possible. Unless a color image is being submitted for a mark wherein color is claimed as a feature of the mark, the mark image should be pure black-and-white, with no gray areas.
  • Images must be properly saved with appended file extensions .jpg for use on a Windows system.
  • Images must be saved with the RGB color scheme. The USPTO cannot accept the CYMK color scheme.
  • Do not zip your image files or add any additional compression. JPG files are already compressed.
    03
    of 05

    Color Drawings

    Color in the About logo - Follow that red ball!.
    Color drawings must be accompanied by the following: a color claim naming the colors that are a feature of the mark; and a separate statement describing where the color(s) appear on the mark. A color drawing will not publish without both of these statements.

    A properly worded color claim would read as follows: The color(s) <name the color(s)> are claimed as a distinctive feature of the mark.

    A properly worded description would read as follows: The color(s) <name the color(s)> appear in <specify portion of mark on which color(s) appear>.

    If the color claim or description is unclear or ambiguous, the examining attorney must require clarification. The applicant may supplement the required written description of the color contained in a mark with a reference to a commercial color identification system. The written description of the mark must include a generic description of the color, in addition to the optional reference to the commercial color identification system.

    Gray Tones in Drawings

    The USPTO now accepts drawings that contain the color gray, or stippling that produces gray tones. The drawing is processed as a color drawing. Drawings with gray tones are processed like any other color drawing. If the drawing contains the color gray, or stippling that produces gray tones, and the record is unclear as to whether applicant is claiming color, applicant must clarify the ambiguity.
    04
    of 05

    Specimen

    About logo in use live on the internet.
    About logo in use live on the internet.

    Specimen (proof of actual use in commerce) should be a scanned image or digital photograph.

    The pixel range should be approximately 2400 X 2400 pixels, in any direction and scanned at 300 DPI. The overall size of any attachment cannot exceed 2 megabytes in jpg format.

    Be very careful NOT to confuse the images and attach an image meant to be a specimen as the mark image, because in most instances this cannot be cured through an amendment, since it would be considered a "material alteration" of the mark as filed.

    You must show how you are actually using the mark in commerce. For goods, acceptable specimens would consist of scanned or digitally photographed tags, labels, instruction manuals, or containers that show the mark on the goods or packaging.

    Invoices, announcements, order forms, bills of lading, leaflets, brochures, publicity releases and other printed advertising material generally are not acceptable specimens for goods.

    Examples of acceptable service mark specimens are signs, photographs, brochures or advertisements that show the mark used in the sale or advertising of the services.

    If the goods and/or services are classified in more than one international class, one specimen must be provided for each class.

    If color is being claimed as a feature of the mark, then the specimen must be in color. The specimen should be scanned in a manner that permits clear and legible printing on an 81/2" x 11" sheet of paper before being attached to the form.

    05
    of 05

    Validation Issues

    If you cannot validate the form after attaching an image file, try validating the form without the image attached; if successful, try re-saving the image.

    After validation, you should be able to view your image from the Validation Page. If you cannot view your images, they are not properly attached.

    NOTE: Both the Mark and Specimen images may appear huge when you review the images via the links on the Validation Page, and you may not be able to print them in the proper dimensions from that page (i.e., the mark image must print no larger than 3.15 x 3.15 inches (8 x 8 cms.) and the specimen image must print no larger than 8 1/2 x 11 inches).

    This does not indicate that there is a problem with your image file. Current browser and monitor technologies display all images at 72 dpi, causing images scanned at a higher dpi level to appear huge after attachment. The USPTO can process your image file, if you were able to save and print your image attachment from your image creating software in the proper dimensions prior to attaching the image to the form.

    Format
    mla apa chicago
    Your Citation
    Bellis, Mary. "Making A Trademark Drawing." ThoughtCo, Feb. 3, 2016, thoughtco.com/making-a-trademark-drawing-1992115. Bellis, Mary. (2016, February 3). Making A Trademark Drawing. Retrieved from https://www.thoughtco.com/making-a-trademark-drawing-1992115 Bellis, Mary. "Making A Trademark Drawing." ThoughtCo. https://www.thoughtco.com/making-a-trademark-drawing-1992115 (accessed December 12, 2017).