Specimen and Drawing do not Match
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The drawing of the mark must be a substantially exact representation of the mark as used on or in connection with the goods/services, as shown by the specimen.
If the mark in the drawing is not a substantially exact representation of the mark shown in the specimen, the second step is to determine whether an amendment of the drawing to agree with the mark shown on the specimen would be a material alteration of the mark in the original drawing. If the answer is “no,” the applicant must submit either an amended drawing or a substitute specimen. If the answer is “yes,” the applicant must submit a substitute specimen and no amendment of the drawing is allowed. See 37 C.F.R. §2.72(a)–(b). See TMEP §§807.14–807.14(f) for information about material alteration.
Extraneous matter shown on the specimen that is not part of the mark (e.g., the symbols “TM” or “SM,” the registration notice ®, the copyright notice ©, or informational matter such as net weight or contents) may not be shown on the drawing. See TMEP §807.14(a) regarding deletion of non-distinctive matter.
