Uspto specimen requirements

Generally, an applicant is required to submit to the United States Patent and Trademark Office USPTO evidence of use of the trademark in connection with the goods and services identified in a trademark application or in a trademark registration. We will explore some of the rules for acceptable trademark specimens. Uspto specimen requirements the application is based on a foreign registration or filed under the Madrid Protocol, a specimen in not required.

Federal government websites often end in. The site is secure. This webpage explains the requirement for a specimen of your trademark in certain applications, provides examples of acceptable specimens, explains certain common specimen refusals and how to overcome them, and provides instructions on how to submit a response to certain specimen refusals using the Trademark Electronic Application System TEAS. A specimen is a sample of your trademark as used in commerce. It is real-life evidence of how you are actually using your trademark in the marketplace with the goods or services in your application or registration maintenance filing. For goods , a specimen shows your trademark as actually used in commerce with your existing goods in a way that directly associates the trademark with the goods. For example, a specimen could be a label or tag attached to your goods that shows your trademark, a product container or packaging showing your trademark on the packaging, or a website displaying your trademark where your goods can be purchased or ordered.

Uspto specimen requirements

Home » Trademark Specimen. When filing a trademark application, a trademark specimen is required to achieve registration. This is a mandatory part of the process, and if you get it wrong initially you may be forced to abandon the application and start over. A photograph, screen capture, printout or scanned copy showing the use are typical specimens of use. Before the specimen is approved, it must meet the following requirements for use in commerce :. Not all these submissions, however, will include trademark specimens. This is because trademark owners are permitted to file trademark applications on an intent to use basis. This means they have a bona fide intent to utilize their identifier in commerce but have not yet done so. For intent to use applications, the specimen is submitted when you file your Statement of Use. Extensions can be granted if you need more time to submit the trademark specimen, but for U. International applicants or those filing under the Madrid Protocol may not need to provide a specimen prior to registration. They are not required to submit a trademark specimen until the trademark is renewed. If your trademark is being used on both clothing and jewelry, for instance, specimens showing use related to both products will be necessary. This lets the USPTO know that your trademark is being used in commerce to the full extent that you claim. There are around , first office actions issued by USPTO examiners every year, and in many cases, these are linked to applications not meeting trademark specimen requirements.

Signage featuring trademark where services are rendered. Meet other formatting requirements.

In nearly all cases, a trademark must be tied to a particular product or service. Trademarks do not exist in the abstract. Though a name or logo may be born as a creation of the mind, it cannot remain in the mind to be protectable. You cannot simply claim rights to a name without selling specific goods or services, as if you can block anyone from even saying the name. You must show how the trademark is used in connection with certain goods or services.

Federal government websites often end in. The site is secure. Select from the headings below to learn more. The goods or services come from a specific geographic region, as shown by the examples of registered certification marks below. The goods or services meet standards with respect to quality, materials, or how they are manufactured, as shown by the examples of registered certification marks below. The work or labor on the goods or services was performed by a union member or member of another organization or the provider of those services met certain standards, as shown by the examples of registered certification marks below. A trademark, however, shows the commercial source or brand of particular goods or services. For example, if the HOOVER registered trademark below 4 appears on a vacuum cleaner, it identifies the commercial source or brand of a particular vacuum cleaner.

Uspto specimen requirements

Federal government websites often end in. The site is secure. A drawing and a specimen are not the same. A drawing shows what the trademark is. Make sure that the way your trademark appears on your specimen is appropriate based on your drawing type. Your application must include a depiction of the trademark you want to register, known as a "drawing.

Attic24

Choose an example that clearly shows legitimate and irrefutable use in commerce. Federal government websites often end in. For services, the trademark specimen must show the services being offered under the trademark. This makes sense. You could also provide a screenshot of your website, if your trademark appears on the website either advertising or providing your services. The site is secure. Additional information about this page. Trademark specimens must:. Standard character drawings are text only with no stylization, color, or design. For goods, advertising and marketing materials are generally unacceptable. Show use directly related to the goods and services you mention in your application. This is particularly relevant to products upon which the mark cannot be placed e. An electronic display may fail to show the mark in association with the goods if the location of the mark is distant from the goods. Because trademark filings with us are done electronically, what you submit to us typically is a photograph, scanned copy, screen capture, or printout of the physical specimen of use.

Federal government websites often end in. The site is secure. Individuals, businesses, and the United States Patent and Trademark Office USPTO now have new tools to clear away unused registered trademarks from the federal trademark register and the USPTO has the ability to move applications through the registration process more efficiently.

However, if the applicant merely deletes the goods or services requested to be audited, the USPTO will respond by issuing a second Office Action requiring proof of use for all the remaining goods or services in the registration. Otherwise, your specimen will be rejected. The trademark specimen must be properly placed e. With respect to specimens for services, the specimen must show a direct association between the mark and the services through use in the sale of the services, including use in the performance or rendering of the services, or in the advertising of the services. You could also provide a screenshot of your website, if your trademark appears on the website either advertising or providing your services. Mark on specimens must match trademark in application The mark used on your specimens must match the trademark in your application. Your specimen is not properly verified, see TMEP This will make the entire registration process go much smoother. Answer "Yes" to form wizard question 1. A special form drawing for the swoosh design. Show your trademark used in a way that consumers would perceive it as a source indicator for the good or services in your application it function as as a trademark. You must be logged in to post a comment. Department of Commerce, the U. Justia Law Firm Website Design. Change of Filing Basis If the specimen you submit with your trademark application is refused and a better specimen was not in use, you can potentially amend your application to an intent to use basis and then provide the trademark specimen at a later date.