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 must meet the requirements of 37 C.F.R. §§2.52, 2.54.
The USPTO will only accept paper drawings in limited circumstances. See 37 C.F.R §§2.21(c), 2.23(c), 2.147. See TMEP §301.01 regarding the limited exceptions when paper submissions may be submitted.
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.
Paper and 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.
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).