An important component of the trademark registration process is proving to the United States Patent and Trademark Office (USPTO) specimens of use. In a use-in-commerce-based application, you must submit this under Section 1(b) upon filing. For an intent-to-use-based application, you must submit this via an amendment to allege use or a statement of use after receiving a Notice of Allowance. Lastly, you must renew and maintain specimens of use before the sixth and tenth year of your registration date, and every 10 years thereafter. Regardless of which trademark application type you are going for, you must continue reading to learn more about specimens of use and how an experienced New Jersey trademark lawyer at The Ingber Law Firm can help you properly apply for one.
What are specimens of use for a trademark?
According to the USPTO, specimens of use are real-world examples of how your mark is used on your products or services. Specifically, real-world examples are considered to be actual objects that bear your mark. Evidence of this is necessary if you wish to use or continue to use your registered mark in commerce. Without further ado, examples of specimens of use for products and services alike are as follows:
- USPTO-recognized specimens of use for products:
- Your registered mark appears on your products’ tags.
- Your registered mark appears on your products’ instruction manuals.
- Your registered mark appears on your products’ containers and packaging materials.
- USPTO-recognized specimens of use for services:
- Your registered mark appears on your website.
- Your registered mark appears on your advertising materials (i.e., brochures, flyers, etc).
- Your registered mark appears on your business materials (i.e., menus, business cards, letterheads, etc).
What are the requirements for a specimen?
As you may have likely already concluded from the list above, the USPTO is quite particular with what it considers a valid specimen of use. But generally speaking, below are some of the main requirements for an acceptable specimen of use:
- The specimen must be the same mark as what you provided on the drawing page of your trademark application.
- The specimen must be the same mark as what you use for the products or services listed on your trademark application.
- The specimen must be a mark that reflects your actual and current use of it in commerce.
When in doubt, you may always review the guidelines posted on its website. Or, to take extra precautions, you may always lean on the help of a seasoned legal representative. So, there is no better time to act than now. Please reach out to a skilled Essex County, New Jersey intellectual property lawyer at The Ingber Law Firm at your earliest possible convenience.
