However, in the rare circumstances where it is necessary, that may be done in the written description. It may also be appropriate to vary the width between the lines to indicate that the color is lighter or darker in various areas. If a drawing is as large as the size requirements allow and it contains a color area which is so small that a clear indication of color lining is impossible, then the requirement that the applicant use lining to indicate color may be waived at the discretion of the examining attorney. In lieu of color lining, a concise statement describing the color and its location in the drawing must be submitted. The revised rule was adopted for the convenience of applicants, and the Office will allow a reasonable time for applicants to adjust to the new coding.
Color marks are marks that consist solely of one or more colors used on particular objects.
If this statement is not in the application when it is filed, the examining attorney will ask that it be placed in the record. Examining attorneys should not make unnecessary requirements for lining statements. If the lining or stippling does not match one of the prescribed lining designations and it is clear that the lining or stippling is merely a feature of the mark, no question as to color lining should be raised. However, if the meaning of the lining or stippling is not clear, the examining attorney, at his or her discretion, may ask that an explanation as to lining be made of record. If desired, however, the applicant may in addition include an affirmative statement to the effect that the designated colors are a feature of the mark.