Examination Guide 2-90 (August 3, 1990)
Examination Guide No. 2-90: Drawings Including Diacritical Marks
DATE: August 3, 1990
TO: All Trademark Personnel
VIA: David E. Bucher, Director Trademark Examining Operation
FROM: James T. Walsh Administrator for Trademark Policy and Procedure
SUBJECT: Examination Guide No. 2-90: Drawings Including Diacritical Marks
The purpose of this examination guide is to revise Office policy concerning the
acceptability of typed drawings including diacritical marks.
A. Typed Drawings Including Diacritical Marks Permitted
The Office will now permit an applicant to present a mark in typed form, if it is
otherwise proper, even though the mark includes diacritical marks. If the applicant
wishes to register a mark including diacritical marks in typed form, the applicant
must provide an acceptable drawing displaying the typed version of the mark in
accordance with Trademark Rule 2.51(e), and the Office will process the drawing as
it would a special-form drawing to present the entire mark accurately.
B. Discussion of Previous Policy
Section 807.09 of the Trademark Manual of Examining Procedure (Rev. 7) now
provides as follows:
It is also practice that a typed drawing may not be used if the mark contains
diacritical marks (such as the German umlaut, the Spanish tilde, the French
Under this policy, applicants for marks which included diacritical marks were
compelled to display the relevant marks entirely in special form, even when Office
policy would otherwise permit a typed drawing. Specifically, in an application based
on use in commerce, when the specimens would otherwise justify presentation of the
mark in typed form, the applicant was compelled to display the mark in special form
conforming to the manner of display in the specimens in all respects. The Office
adopted this policy because the photocomposition process used to reproduce typed
marks in the Official Gazette and on registrations does not generate diacritical
C. Requirements Regarding the Form and Quality of the Drawing
The applicant must provide a drawing entirely in capital letters including the
relevant diacritical marks. In general, the drawing must alsoconform with certain
requirements which apply to special- form drawings because, although such a drawing
will be regarded as a typed drawing under Office rules, the Office must process the
drawing in the same manner as a special-form drawing for purposes of printing in the
Official Gazette and on the registration.
The applicant must present a typed version of the mark which complies with the
relevant requirements of Trademark Rule 2.52(a) with respect to the quality of
special-form drawings. In particular, "... Every line and letter... must be black.
All lines must be clean, sharp, and solid, and must not be fine or crowded...." The
drawing must also comply with the size requirements of Trademark Rule 2.52(c). That
is, the mark must be displayed in an area no larger than 4 inches by 4 inches.
The drawing may be done on a typewriter, word processor or by any other means
which will display the mark in a manner which will reproduce satisfactorily in
special form. The mark must be in pica or elite type or larger type, and it must be
produced through a carbon ribbon or a process that provides clarity and contrast at
least equal to carbon-ribbon quality.
D. Explanatory Statement May be Printed
The applicant may insert the following statement to indicate the nature of the
The mark is presented without any claim as to special form.
This statement will be printed in the "description-of-the-mark" field on the
registration. The examining attorney should mark the statement for printing.
E. Policies Governing Drawings Otherwise Unchanged
This guide does not modify Office policy with respect to any drawings other than
those presenting diacritical marks. To the extent of any disagreement, this guide
supersedes all previous statements of Office policy concerning this subject.