807.06    Paper Drawings

37 C.F.R. §2.52(d)  Paper drawings.

A paper drawing must meet the requirements of §2.54.

37 C.F.R. §2.54  Requirements for drawings submitted on paper.

The drawing must meet the requirements of §2.52.  In addition, in a paper submission, the drawing should:

  • (a) Be on non-shiny white paper that is separate from the application;
  • (b) Be on paper that is 8 to 8.5 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 image must be no larger than 3.15 inches (8 cm) high by 3.15 inches (8 cm) wide;
  • (c) Include the caption "DRAWING PAGE" at the top of the drawing beginning one inch (2.5 cm.) from the top edge; and
  • (d) Depict the mark in black ink, or in color if color is claimed as a feature of the mark.
  • (e) Drawings must be typed or 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.  All lines must be clean, sharp and solid, and must not be fine or crowded.

Paper drawings may be filed by mail or hand delivery.  Drawings may not be submitted by facsimile transmission.  37 C.F.R. §2.195(d)(2).

The drawing must meet the requirements of 37 C.F.R. §§2.52, 2.54.

807.06(a)    Type of Paper and Size of Mark

Size of Mark.  The mark on the drawing should be no larger than 3.15 inches high by 3.15 inches wide (8 cm high by 8 cm wide).  37 C.F.R. §2.54(b).

The USPTO will create a digitized image of all drawings submitted on paper.  The examining attorney must view the mark on the Publication Review program, available on the USPTO’s internal computer network.  If the display of the mark appears to be clear and accurate, the examining attorney will presume that the drawing meets the size requirements of the rule.

Type of Paper and Recommended Format.  The drawing should:

  • Be on non-shiny white paper that is separate from the application;
  • Be on paper that is 8 to 8.5 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;
  • Include the caption "DRAWING PAGE" at the top of the drawing beginning one inch (2.5 cm.) from the top edge; and
  • Depict the mark in black ink, or in color if color is claimed as a feature of the mark.

37 C.F.R. §2.54(a)–(d).

The drawing must be typed or made with ink or by a process that will provide high definition when scanned.  A photolithographic, printer’s proof copy, or other high-quality reproduction of the mark may be used.  All lines must be clean, sharp, and solid, and must not be fine or crowded.  37 C.F.R. §2.54(e).

807.06(b)    Long Marks in Standard Character Drawings

Because all standard character drawings are stored in USPTO systems as an image, a standard character drawing must meet the 3.15 inch (8 cm) by 3.15 inch (8 cm) requirement of 37 C.F.R. §2.54(b).  If the mark is too long to meet this requirement, applicant must submit an image on which the mark is broken in an appropriate place.  It is suggested that the applicant use 14-point type to ensure that the mark will be legible in the Official Gazette and on the certificate of registration.

If an applicant submits an image on which the mark exceeds the size requirements of 37 C.F.R. §2.54(b), the USPTO will reduce the image so that it will meet these requirements.  See TMEP §807.06(a).  This could cause the mark to appear very small.  To ensure that the mark will be legible in the Official Gazette and on the certificate of registration, the examining attorney should view the mark on the Publication Review program available on the USPTO’s internal computer network.  If the mark is not legible, the examining attorney must require a new drawing that meets the requirements of 37 C.F.R. §§2.52–2.54.

807.06(c)    Separate Drawing Page Preferred

The USPTO recommends that an applicant submit a drawing of the mark on a separate page from the written application.  37 C.F.R. §2.54(a).  However, a separate drawing page is not mandatory.  Instead of a drawing page, an applicant may include a drawing of the mark embedded in the application, in either the heading or the body of the application.

If the applicant identifies a separate page as a drawing (e.g., by labeling it as a drawing, or providing a heading with the applicant’s name, address and the subject goods/services), this will be the only drawing considered.

A mark depicted on the specimen, in the foreign registration, or in the international registration will not be considered a drawing.

If there is no separate drawing page, the examining attorney must review the application to determine what the mark is.  If an embedded drawing meets the requirements of 37 C.F.R. §§2.51–2.52, 2.54, the examining attorney should accept it and not require a substitute drawing.

Effective October 30, 1999, a separate drawing page is considered part of the written application, not a separate element.  Dates of use, disclaimers, descriptions of the mark, identifications of goods/services, and other information that appears on the drawing are also considered part of the written application.  This applies to substitute drawings as well as original drawings.  If there is an inconsistency between the information on the drawing page and the information in the body of the application, the examining attorney must require clarification.

If an applicant submits a separate drawing page showing a mark, and a different mark appears in the written application, the drawing page controls for purposes of determining what the mark is.  See TMEP §807.01.