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Trademark Basic Facts
What is a "a specimen" of use?
A specimen is an actual example of how
you are using the mark in commerce on or in connection
with the identified goods and/or services. This
is not the same as the drawing of the mark, which
merely represents what you are claiming as the mark.
What is a proper specimen for use of a mark on
goods (products)?
Normally, a specimen for a mark used on goods shows
the mark on the actual goods or packaging for the
goods. You may submit a tag or label for the goods;
a container for the goods; a display associated
with the goods; or a photograph of the goods that
shows use of the mark on the goods. Do not submit
the actual product.
Invoices, announcements, order forms, bills of
lading, leaflets, brochures, publicity releases,
letterhead and business cards generally are NOT
acceptable specimens for goods.
What is a proper specimen for use of a
mark with services?
A specimen for a mark used in connection
with services must show the mark used in the sale
or advertising for the services. You may submit
a sign; a brochure about the services; an advertisement
for the services; a business card or stationery
showing the mark in connection with the services;
or a photograph showing the mark as used in rendering
or advertising the services. There must be some
reference to the type of services rendered on the
specimen, i.e., not just a display of the mark itself.
For example, if the mark sought to be registered
is "XYZ," a business card that only shows
the mark "XYZ" would not be acceptable.
A business card that states "XYZ REAL ESTATE"
would be acceptable.
How do I file the specimen?
If filing electronically, you must attach
an image of your specimen in .gif or .jpg format.
, In order to show the context in which the mark
is used, the image should include as much of the
label or advertisement as possible.
If filing a paper application, the specimen submitted
with the application must be flat and no larger
than 8½ by 11 inches. If you submit a larger
specimen, the USPTO will create a facsimile of the
specimen, insert it in the application file wrapper,
and destroy the original submission. However, specimens
consisting of videotapes, audiotapes, CDs or computer
diskettes are acceptable for marks, such as sound
marks, that cannot be used any other way.
When do I file the specimen?
For an application based on "use":
If you are using the mark in commerce and you file
based on that use, you should submit one specimen
for each class of goods/services listed in the original
application.
For an application based on "intent to use":
You must submit one specimen for each class of goods/services
when filing the "Allegation of Use." See
section "Additional Requirements for ‘Intent
to Use’ Applications".
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