SECTION 93.52. Requirements for a Drawing

(a) Marks that include standard characters: For purposes of this chapter, a "standard character" shall be words, letters, numbers, or any combination thereof without claim to any particular font, style, or color.

(1) If the mark sought to be registered consists of standard characters, those characters shall be typed in capital letters with black ink.

(2) When a mark includes standard characters, those characters shown in the drawing do not have to appear in the exact same font, style, or color as the specimen of use. However, the Secretary of State will review the mark depicted on the specimen to determine whether the characters are so distinctive as to change the overall commercial impression of the mark.

(b) Marks that include a design element: A mark is considered to contain a design element, if the mark is comprised, in whole or in part, of special characteristics such as a two or three-dimensional design and/or words, letters, or numbers or the combination thereof in a particular font, style, or color.

(c) Marks that include color: If a color is claimed as a feature of the mark pursuant to §93.36 of this title (relating to Color in the Mark), the drawing of the mark may be presented in either color or black and white. If the drawing of the mark is in color, it must match the color(s) described in the color location statement. If color is not claimed as a feature of the mark, any color(s) shown in the drawing sheet will be disregarded.

Source Note: The provisions of this §93.52 adopted to be effective September 1, 2012, 37 TexReg 6287