Discuss the Format of the TMEP

Color claim and description of mark

TEAS requires applicants to describe the colors, and where they appear, in a color mark and to describe the features of a design mark. However, TMEP §808.01, as well as 37 C.F.R. §§2.37 and 2.52, do not seem to require providing such information at the time of filing. The Trademark Law Treaty Implementation Act of 1998 eliminated several minimum requirements necessary to receive a filing date in order to make it easier for applicants to obtain filing dates. The color and description requirements arguably violate the TLTIA. Even though paper filing without such information remains available, the majority of applications are processed completely electronically from filing to disposal.



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Idea No. 30