Trademarks > Exam Guide 1-05

Exam Guide 1-05

Examination Procedures for Drawings Containing the Color Gray

Issued May 20, 2005

The revised TMEP permits examining attorneys to accept drawings containing the color gray. See TMEP §807.07(e). This exam guide discusses the procedures to use when examining gray drawings.

Black-and-white drawings with gray tones

If the drawing contains the color gray, or stippling that produces gray tones, and the record is unclear as to whether the applicant is claiming color as a feature of the mark, the examining attorney must require the applicant to clarify the ambiguity. TMEP §807.07(e). Any drawing with gray tones, gray shading, or gray stippling always creates ambiguity about whether color is claimed. In these cases, the applicant must either (1) state that color is claimed as a feature of the mark, identifying the color(s), and describing where in the mark the color(s) appears; or (2) state that the mark is not in color. See 37 C.F.R 2.52(b)(1); TMEP §807.07 et seq.

Color claimed as a feature of the mark : If color is claimed as a feature of the mark, the following is required:

• The applicant must state that color is claimed as a feature of the mark, identifying the color(s), and describing where in the mark the color(s) appears.
• The applicant must submit the statement in the application or a written amendment to the application, or by an examiner's amendment.
• The statement that color is claimed as a feature of the mark and the color location statement must be entered into the Trademark Application Data Entry and Update System (TradeUps) database. The statements will be printed on the registration certificate.

The mark is not in color: If the mark is not in color, the following is required:

• The applicant must state that the mark is not in color.
• The applicant may submit the statement, or the examining attorney may obtain the information in a telephone interview with the applicant or applicant's attorney and enter a note to the file that the mark is not in color.
• The statement that the mark is not in color should not be entered into the TradeUps database, and will not be printed on the registration certificate.

Drawings with color(s)

If the drawing includes black, white, gray tones, gray shading, or gray stippling, and also includes other colors ( e.g., red and blue), the applicant must claim that all colors in the mark, including the colors gray, black, and/or white, are features of the mark. The applicant must submit a statement that all colors in the mark are features of the mark, identifying each color, including the colors white, gray, and/or black, and describing where each color appears in the mark. See 37 C.F.R 2.52(b)(1); TMEP §807.07 et seq. Alternatively, if deleting the colors from the drawing would not materially alter the mark, the applicant may delete the color drawing entirely and substitute a black-and-white drawing. See 37 C.F.R. §2.72; TMEP §807.14 et seq.

• Example: If the drawing shows an image of a house with a black roof, gray shading on the front of the house, a white front door, and a word in the color green, the applicant must submit a statement that the colors black, white, gray and green are claimed as features of the mark and describe where each color appears in the mark.

Drawing quality

Drawings with gray tones, gray shading, or gray stippling must meet the USPTO's requirements for drawing quality. See 37 C.F.R. §§2.53(c) and 2.54(e); TMEP §807.05(c). If the image on the Publication Review program, available on the Office's internal computer network , is illegible, or contains matter that is not part of the mark and is not necessary to accurately depict the mark, the examining attorney must require the applicant to submit a new drawing.

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