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Know The Drawing Section 2.5

Drawing Section 25

The purpose of a trademark drawing is to show the supervising official from the USPTO, the examining attorney, a clear idea of how the trademark will be displayed to consumers. The trademark drawing can be distinguished from a specimen, another required component of the application, which the Patent and Trademark Office describes as a "real-world example" of the way in which the trademark will be displayed, often in the form of a prototype of the actual item on which the trademark is being or will be displayed.

A trademark drawing may be presented in either standard or stylized form. Standard trademark drawings are presented in the event that no design component is included in the specific details of the trademark, as may be otherwise included in the form of visual style or color elements.

To specify the kinds of numerals, letters, and punctuation marks that are allowed for a standard or a stylized trademark drawing, the USPTO makes available to applicants a "Standard Character Set" with all of the permissible symbols. In the instance of a stylized trademark drawing which does have a color component, the desired color must be included in order to be registered as part of the trademark.

In addition to the visual representation of the color, a trademark drawing will also be submitted with two statements on the color being used, a "color claim" and the "color description". The color description differs from the claim in clarifying how and where the color component will be used.

The USPTO specifies sheets of paper 8½ inches wide by 11 inches long for the physical documentation of a trademark drawing, and the formatting as a JPEG file for a trademark drawing delivered through the TEAS function. In a paper copy, the trademark drawing itself should not exceed the dimensions of 3½ by 3½.

Though no additional details on the design of trademarks are permitted, pertinent information included with a trademark application, in paper form at the top of the page, will include the name and address of the applicant, the kind of good or service it will be used in connection with, and whether it is currently being used or will be used in the near future.

NEXT: Requirements of Trademark Drawing

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