Making A Trademark Drawing

By Mary Bellis, About.com Guide

Color drawings must be accompanied by the following: a color claim naming the colors that are a feature of the mark; and a separate statement describing where the color(s) appear on the mark. A color drawing will not publish without both of these statements.

A properly worded color claim would read as follows: The color(s) <name the color(s)> are claimed as a distinctive feature of the mark.

A properly worded description would read as follows: The color(s) <name the color(s)> appear in <specify portion of mark on which color(s) appear>.

If the color claim or description is unclear or ambiguous, the examining attorney must require clarification. The applicant may supplement the required written description of the color contained in a mark with a reference to a commercial color identification system. The written description of the mark must include a generic description of the color, in addition to the optional reference to the commercial color identification system.

Gray Tones in Drawings

The USPTO now accepts drawings that contain the color gray, or stippling that produces gray tones. The drawing is processed as a color drawing. Drawings with gray tones are processed like any other color drawing. If the drawing contains the color gray, or stippling that produces gray tones, and the record is unclear as to whether applicant is claiming color, applicant must clarify the ambiguity.

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• Introduction - Standard Mark
• Stylized Marks
• Color Drawings
• Specimen
• Validation Issues

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