7.5 Description of mark

A description of the mark, which must be acceptable to the Examiner of Trade-Marks, may be included in the statement, and must be included if required by the Examiner.

7.6 Identification of prior registrations

Prior registrations of the same or similar marks owned by the applicant should be identified in the written application.

7.7 Power of attorney, domestic representative

The power of attorney or authorization of agent (Rule 4.7) and the appointment of a domestic representative (Rule 6.4) may be included as a paragraph or paragraphs in the written application.

7.8 Use by predecessor or by related companies

If the first use, the date of which is required by paragraph (g) or (h) of Rule 7.3, was by a predecessor in title, or by a related company (sections 5 and 45 of the act), and such use inures to the benefit of the applicant, the date of such first use may be asserted with a statement that such first use was by the predecessor in title or by the related company as the case may be. The Office may require further details and additional proof showing that such use inures to the benefit of the applicant.

Where the mark sought to be registered is legitimately used by one or more related companies at the time of the filing of the application, the declaration (Rule 7.4) must recite exceptions to the averment of the exclusive right to use the mark, stating the nature of such related companies and, if practicable, the names and addresses.

7.9 Omission of allegation of use by foreign applicants

The allegation that the mark is in use in commerce which may lawfully be regulated by Congress, required by Rule 7.4, and the statements of the dates of the applicant's first use, required by Rule 7.3 (g) and (h), may be omitted in the case of an application, filed pursuant to section 44 (e) of the act, for registration of a mark duly registered in the country of origin of a foreign applicant, provided the application

when filed is accompanied by a certified copy of the registration in the country of origin and said registration is then in full force and effect. A sworn translation of the registration, if not in the English language, may be required after the application is filed.

Such allegation and statement may also be omitted in the case of an application claiming the benefit of a prior foreign application in accordance with section 44 (d) of the act, provided that the application states the date and country of the first foreign application and a certified copy of the foreign application and a sworn translation of the same, if not in the English language, are filed before the registration is granted, but the registration will not be granted until the mark has been registered in the country of origin of the applicant.

In such cases the description of goods or services shall not exceed the scope of that covered by the foreign registration or application.

8. THE WRITTEN APPLICATION (continued)

8.1 Proof of distinctiveness under section 2 (f)

When registration is sought under section 2 (f) of the act and the claim of distinctiveness is based on substantially exclusive and continuous use of the mark by the applicant for the period of five years next preceding the filing of the application in commerce which may lawfully be regulated by Congress, the written application shall include in the declaration a statement to that effect; but proof of such exclusive and continuous use and further evidence showing that the mark has become distinctive may be required.

If the allegation of distinctiveness is not based on substantially exclusive use over a five-year period, as specified in the preceding paragraph, but is based on other facts and circumstances, proof of distinctiveness must be submitted separately and should accompany the application.

8.2 Concurrent use

In the case of an application claiming concurrent use, the applicant shall also specify in the statement to the extent of his knowledge any concurrent use by others, designating their names, addresses, and regis

trations or applications, if any, the goods in connection with which and the areas in which such concurrent use exists, the mode of such use, the periods of such use, and the goods, area, or mode of use for which the applicant desires registration; and the claim of exclusive use made in the declaration shall be made with the stated exceptions.

8.3 Service mark

In the case of an application for the registration of a service mark, the written application shall specify and contain all the elements required by the preceding rules for trade-marks, but shall be modified to relate to services instead of to goods wherever necessary.

8.4 Collective mark

In the case of an application for registration of a collective mark, the written application shall specify and contain all applicable elements required by the preceding rules for trade-marks, but shall, in addition, specify the class of persons entitled to use the mark, indicating their relationship to the owner of the mark, and the nature of the owner's control over the use of the mark.

8.5 Certification mark

In the case of an application for registration of a certification mark, the written application shall specify and contain all applicable elements required by the preceding rules for trade-marks. It shall, in addition, specify the manner in which and the conditions under which the certification mark is used; it shall allege that the applicant exercises legitimate control over the use of the mark and that he is not himself engaged in the production or marketing of the goods or services to which the mark is applied.

8.6 Principal Register

All applications will be treated as seeking registration on the Principal Register unless otherwise stated in the application. Service marks, collective marks, and certification marks, registrable in accordance with the applicable provisions of section 2 of the act, are registered on the Principal Register.

8.7 Supplemental Register

In the case of an application for registration on the Supplemental Register, the written application shall so indicate and shall specify that the mark has been in continuous use in commerce which may lawfully be regulated by Congress, specifying the nature of such commerce, by the applicant for the preceding year, if the application is based on such use. The showing required for waiver of the requirement for a full year's use must be separate from the written application.

8.8 Applicant's name

The signature to the application must be the correct name of the applicant, since the name will appear in the certificate of registration precisely as it is signed to the application. The name of the applicant, wherever it appears in the papers of the application, will be made to agree with the name as signed.

9.1 Drawing required

9. DRAWING

The drawing of the trade-mark shall be a substantially exact representation thereof as actually used on or in connection with the goods. The drawing of a service mark shall be a substantially exact representation of the mark as used in the sale or advertising of the services. The drawing of a service mark may be dispensed with in the case of a mark not capable of representation by a drawing, but in any such case the written application must contain an adequate description.

In the case of an application for registration on the Supplemental Register, the drawing, when appropriate and necessary (section 23, third paragraph, of the act), may be the drawing of a package or configuration of goods.

9.2 Requirements for drawings

(a) Paper and ink. The drawing must be made upon pure white paper of a thickness corresponding to two- or three-ply Bristol board. The surface of the paper must be calendered and smooth. India ink alone must be used for pen drawings to secure perfectly black solid lines. The use of white pigment to cover lines is not acceptable.

(b) Size of sheets and margins. The size of a sheet on which a drawing is made must be exactly 8 by 13 inches. Three-fourths of an inch from its edges, a single marginal line should be drawn, leaving the "sight" precisely 62 by 111⁄2 inches. All work must be included within this margin. One of the shorter sides of the sheet should be regarded as its top. When the view is longer than the width of the sheet, the sheet should be turned on its side with top at the right.

(c) Character of lines. All drawings must be made with the pen or by a process which will give them satisfactory reproduction characteristics. Every line and letter, names included, must be black. This direction applies to all lines, however fine, and to shading. All lines must be clean, sharp, and solid, and they must not be too fine or crowded. Surface shading, when used, should be open..

(d) Applicant's name. The name of the applicant for registration must be written or printed within the marginal lines in the lower righthand corner of the sheet, but in no instance should it encroach upon the drawing.

(e) Extraneous matter. An agent's or attorney's name, stamp, or address or other extraneous matter should not appear upon the face of a drawing, within or without the marginal line.

(f) Linings for color. Where color is a material feature of a mark as used, the color or colors employed should, if feasible, be illustrated in the drawing by means of the conventional linings as shown in the following color chart for draftsmen: