1902.02(d)    Reproduction (Drawing) of Mark

An international application must include a reproduction of the mark that (1) is the same as the mark in the basic application and/or registration; and (2) meets the requirements of 37 C.F.R. §2.52.  37 C.F.R. §7.11(a)(3).

For international applications filed electronically, an image of the mark taken from the Trademark database will appear automatically on the prepopulated TEAS form.  If an applicant uses the free-text TEAS form, the applicant must either type the mark in the appropriate field, or attach a digitized image of the mark that meets the requirements of 37 C.F.R. §2.53(c). 

For permitted paper submissions (see TMEP §1902.02(a)), the mark must appear no larger than 3.15 inches (8 cm) high by 3.15 inches (8 cm) wide and must be placed in the box designated by the IB on the MM2 form.  Regs. Rule 9(4)(a)(v); Guide to International Registration, B.II.13.07.37 et seq.

Standard Character Reproductions.  If the mark in the basic application and/or registration is in standard characters, the reproduction of the mark in the international application must also be in standard characters.  To claim standard characters, an applicant must check the appropriate box on the TEAS form or on the IB’s official application form MM2 for a permitted paper submission (see TMEP §1902.02(a)).  The applicant may not claim standard characters in the international application unless the mark in the basic application and/or registration is in standard character (or typed) format.  See TMEP §§807.03–807.03(i) for information about standard character drawings in U.S. applications for registration of marks.  The USPTO’s chart of standard characters is available on the USPTO website at https://www.uspto.gov.

Special Form Reproductions.  If the mark in the basic application or registration is in special form, the reproduction of the mark in the international application must also be in special form.  See TMEP §807.04(a) for the characteristics of special form drawings in U.S. applications for registration of marks.

Use of Color.  If the mark in the basic application or registration is depicted in black and white and does not include a color claim, the reproduction of the mark in the international application must be black and white.  See TMEP §1902.02(e) regarding color claims.  If the mark in the basic application or registration is in color, the reproduction of the mark in the international application must be in color.  If the mark in the basic application or registration is depicted in black and white, and the basic application or registration includes a color claim, the international application must include a color reproduction of the mark that meets the requirements of 37 C.F.R. §2.52. 37 C.F.R. §7.11(a)(3); Regs. Rule 9(4)(a)(vii).  For example, if the basic application and/or registration includes a color claim and a black-and-white drawing that depicts the color by the use of color lining or by a statement describing the color, the applicant must include a color reproduction of the mark showing the claimed colors and a black-and-white reproduction of the mark that corresponds to the mark as it appears in the basic application and/or registration. See the note regarding color drawings in U. S. basic applications or registrations in TMEP §1902.02(e).  

For permitted paper submissions (see TMEP §1902.02(a)), the applicant must place the drawing in the appropriate box designated by the IB on the MM2 form.  If using the TEAS prepopulated form, the black-and-white drawing will automatically prepopulate the form, and the applicant must attach a substitute color reproduction of the mark. For the TEAS free-text form, however, the applicant must attach a digitized image of the color reproduction of the mark.  

See TMEP §§807–807.18 for general information about the requirements for drawings in U.S. applications for registration of marks.