Ch. 6
6.4.4
6.4.4
6-26
6.4.4
Evidence of registrability.
I.
As to illustrations in books. Where an appropriate affidavit of U. S. manufacture (see topic 6.2.3) is submitted with a Form A application for a book of text and illustrations:
a.
No separate statement regarding manufacture of the illustrations is required. It will be assumed, unless the Office is otherwise informed, that registration of the book may include the illustrations.
b.
If the Office has information indicating that the illustrations are lithographs or photoengravings produced abroad, it will seek to determine whether they are in a category excepted from the manufacturing requirement (see topic 6.4.1, III). If so excepted, the registration of the book may include the illustrations. If not excepted, it may suggest that the application be limited to the text.
I.
As to separate pictorial works.
a.
Unless the application indicates, or the Office is otherwise informed, that a pictorial work is a lithograph or photoengraving produced abroad, it will be assumed that registration of the pictorial work is not barred by the manufacturing clause.
b.
When the Office is informed, by the application or otherwise, that a pictorial work is a lithograph or photoengraving produced abroad, it will seek to determine whether it is in a category excepted from the manufacturing requirement (see topic 6.4.1, III). If so excepted, it may be registered in an appropriate Class F-K. If not so excepted, it is not registrable.
