807.05 Drawings in TEAS
The drawing in a TEAS application must meet the requirements of 37 C.F.R. §§2.52–2.53.
The USPTO has waived the requirement of 37 C.F.R. §2.53(c) that drawings have a length and width of no less than 250 pixels and no more than 944 pixels. See 69 Fed. Reg. 59809 (Oct. 6, 2004). However, applicants are encouraged to submit drawings within these parameters.
807.05(a) Standard Character Drawings in TEAS
If an applicant is filing a standard character drawing, the applicant must enter the mark in the "Mark" field. The applicant must also submit a standard character claim, which is automatically generated once the applicant selects the standard character option. See 37 C.F.R. §2.52(a)(1).
The characters entered in the appropriate data field in the TEAS application or response forms are automatically checked against the USPTO’s standard character set. See TMEP §807.03(b) regarding the standard character set.
If all the characters in the mark are in the standard character set, the USPTO will create a digitized image that meets the requirements of 37 C.F.R. §2.53(c), and automatically generate the standard character statement. The application record will indicate that standard characters have been claimed and that the USPTO has created the image. The examining attorney need not check the standard character mark against the standard character set during examination.
807.05(a)(i) Long Standard Character Marks in TEAS
As noted in TMEP §807.05(a), when an applicant files an application for a standard character mark, the applicant must enter the mark in the appropriate data field.
A single line can consist of no more than 26 characters, including spaces. If the applicant enters a mark that exceeds 26 characters into the standard character word mark field, the USPTO’s automated system will break the mark, so that it fits into the Trademark Official Gazette. After 26 characters, the mark will automatically continue onto the next line. The online TEAS instructions provide further information about breaks in long standard character marks. If a standard character mark exceeds 26 characters, and the applicant has a preference as to where the mark will be broken, the applicant should use the special form option, and attach a digitized image of the mark that meets the requirements of 37 C.F.R. §2.53(c) to the "Mark" field on the electronic application. See TMEP §807.05(c) regarding the requirements for digitized images. If the applicant selects the special form option, the applicant may not include a standard character claim.
807.05(b) Special Form Drawings in TEAS
If the mark is in special form, the applicant must attach a digitized image of the mark that meets the requirements of 37 C.F.R. §2.53(c) to the "Mark" field in the electronic application. See TMEP §807.05(c) regarding the requirements for digitized images.
807.05(c) Requirements for Digitized Images
The mark image must be in .jpg format, and should be scanned at no less than 300 dots per inch and no more than 350 dots per inch, to produce the highest quality image. All lines must be clean, sharp, and solid; must not be fine or crowded; and must produce a high-quality image. 37 C.F.R. §2.53(c). It is recommended that mark images have a length of no less than 250 pixels and no more than 944 pixels, and a width of no less than 250 pixels and no more than 944 pixels.
Mark images should have little or no white space appearing around the design of the mark. If scanning from a paper image of the mark, it may be necessary to cut out the mark and scan it with little or no surrounding white space. Failure to do this may cause the mark to appear very small in the USPTO’s automated records, such that it may be difficult to recognize all words or design features of the mark. To ensure that there is a clear image of the mark in the automated records of the USPTO, examining attorneys and LIEs should view the mark on the Publication Review program available on the USPTO’s internal computer network. If the mark is not clear, the examining attorney must require a new drawing that meets the requirements of 37 C.F.R. §§2.52–2.54.
When color is not claimed as a feature of the mark, the image must be depicted only in black and white. When scanning an image, the applicant should confirm that the settings on the scanner are set to create a black-and-white image file, not a color image file.
Mark images may not include extraneous matter such as the symbols TM or SM, or the registration notice ®. The image should be limited to the mark. See TMEP §807.02.