807.11 Marks with Motion
37 C.F.R. §2.52(b)(3) Motion marks.
If the mark has motion, the drawing may depict a single point in the movement, or the drawing may depict up to five freeze frames showing various points in the movement, whichever best depicts the commercial impression of the mark. The applicant must also describe the mark.
If the mark includes motion (i.e., a repetitive motion of short duration) as a feature, the applicant may submit a drawing that depicts a single point in the movement, or the applicant may submit a square drawing that contains up to five freeze frames showing various points in the movement, whichever best depicts the commercial impression of the mark. Id. The applicant must also submit a detailed written description of the mark. Id; see TMEP §808.02. The description of the mark "must reflect what is displayed in [the a]pplicant’s drawing" and "indicate that the trade dress [is] three-dimensional or whether, in the alternative, the trade dress is a two dimensional mark that could be interpreted as three-dimensional." In re The Ride, LLC, 2020 USPQ2d 39644, at *2-3 (TTAB 2020).
See TMEP §904.03(l) regarding specimens for motion marks.