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924.6 (C) Preparing the Identifying Material

924.6 (C) Preparing the Identifying Material


To register a design that has been incorporated into a useful article, the applicant should submit a drawing, photograph, or other identifying material that depicts the design as it appears on the useful article. See 37 C.F.R. § 202.20 (C) (2)(xi) (A) (2).


Applicants are encouraged – ” but not required – ” to mark the deposit to identify the specific features being submitted for registration. For example, if the applicant intends to register a floral design that has been incorporated into the handle of a knife, the applicant may submit a photograph of the knife together with a close-up photo of the design. The applicant may submit a photo of the knife and circle or highlight the portion of the image where the design appears. Alternatively, the applicant may submit a drawing of the knife with solid lines showing the design, and broken lines used to depict all other aspects of the useful article.