904.03(l) Specimens for Motion Marks
To show that a motion mark actually identifies and distinguishes the goods or services and indicates their source, an applicant must submit a specimen that depicts the motion sufficiently to show how the mark is used on or in connection with the goods or services, and that matches the required description of the mark. In addition, the mark shown in the specimen must match the mark shown in the freeze frames comprising the drawing. In re The Ride, LLC, 2020 USPQ2d 39644, at *4 (TTAB 2020); see 37 C.F.R §2.51(a).
Although the drawing for a motion mark may depict a single point in the movement, or up to five freeze frames showing various points in the movement, an acceptable specimen should show the entire repetitive motion in order to depict the commercial impression conveyed by the mark (e.g., a video clip, a series of still photos, or a series of screen shots).
For applications under §1(a), as well as response, statement of use/amendment to allege use, petition, and registration maintenance/renewal filings, the specimen must be attached to the TEAS form in a file format designated as acceptable by the USPTO, such as an electronic file in .wav, .wmv, .wma, .mp3, .mpg, or .avi format. Audio files should not exceed 5 MB in size and video files should not exceed 30 MB because TEAS cannot accommodate larger files. 37 C.F.R. §2.56(d).
See TMEP §807.11 regarding drawings for motion marks and §904.02(a) regarding specimens filed electronically.