Whenever the applied for mark is not standard characters, a description of the mark must accompany the application to avoid an unnecessary Office Action. For example, a description is always necessary when:
(1) The mark is three-dimensional, or a configuration of the goods or packaging (TMEP §§807.10 and 1202.02(c)(ii));
(2) The drawing includes broken lines to show position or placement or to indicate a portion of the product or packaging that is not part of the mark (TMEP §§807.08 and 1202.02(c)(ii));
(3) The mark includes color (TMEP §§807.07(a) and 1202.05(e));
(4) The mark includes motion (TMEP §807.11); or
(5) The mark is a sound, scent, or other non-visual mark (37 C.F.R. §§2.37, 2.52(e); TMEP §§807.09 and 808.01).


