Uspto specimen 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 uspto specimen requirements 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, uspto specimen requirements.

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.

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. If the application is based on a foreign registration or filed under the Madrid Protocol, a specimen in not required. A specimen is also required between the 5 th and 6 th year Section 8 or 71 Declaration of Continued Use after registration, and then every ten year Renewal from the registration date, during that tenth year, twentieth year and so on. The USPTO provides rules and guidelines on the requirements for an acceptable specimen, and as of February 15, , these rules have been amended in accordance with existing statutory requirements and precedential case law. A copy of the changes to the rules can be found here. With respect to specimens for goods, the specimen must show actual use of the mark on the goods, on containers or packaging for the goods, on labels or tags affixed to the goods, or on displays associated with the goods. 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. Examples of acceptable specimens can be found in the USPTO website and for your convenience are provided below. These examples are acceptable for some, but not all, goods and services.

This field is for validation purposes and should be left unchanged. For example, certain letters in the specimen might be depicted by graphical images.

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.

Federal government websites often end in. The site is secure. A guidance document is an agency statement of general applicability and future effect, other than a regulatory action, that sets forth a policy on a statutory, regulatory, or technical issue, or an interpretation of a statute or regulation. Guidance documents are intended to provide helpful information to the public, such as clarifying obligations under an existing law or regulation, or providing information on agency procedures. Guidance documents do not, however, themselves impose obligations on the public. Please note that the contents of these guidance documents do not have the force and effect of law and are not meant to bind the public in any way.

Uspto specimen requirements

Federal government websites often end in. The site is secure. Processing times Due to a consistently high volume of new applications, processing times are taking longer. We're taking steps to reduce processing times. In the meantime, you can learn more about wait times. You can preview the forms without logging in on our form previews page. If you have NOT continuously used the mark in commerce for five consecutive years, you must still file a Section 8 Declaration. Failure to file the Section 8 Declaration will result in cancellation of the registration. Note on representation: The USPTO considers powers of attorney to end upon either 1 the date of registration; or 2 the final acceptance or denial of a required post-registration filing.

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The site is secure. Typically, the Office Action will identify two goods or services for each audited class and require an applicant to submit proof of use for those additional goods or services. Federal government websites often end in. For example, a specimen for downloadable software must show a means of downloading or purchasing the software. Acceptable trademark specimens for goods vary greatly from their service mark counterparts. Certain displays associated with goods, however, may constitute acceptable specimens [see TMEP Nearly 60 percent of all applications for trademark registration are filed for goods. Examples of acceptable specimens can be found in the USPTO website and for your convenience are provided below. If your trademark is being used on both clothing and jewelry, for instance, specimens showing use related to both products will be necessary. Powered by Survey Maker. You may use the TM symbol on goods or the SM symbol on services. The following are common reasons for refusal:.

Federal government websites often end in.

Department of Commerce, the U. Could you tell us what was missing in our post? However, all registrants are required to submit specimens at required intervals to maintain their registrations. 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. See the Intent-to-use applications webpage and the Intent-to-use timeline for more information. For actual use applications, the specimen must have been in use at the time of filing the application. Raising funds for a project does not arise to use in commerce. The audits are randomly selected. If your application is based on a foreign application or registration, or you filed under the Madrid Protocol, you are not required to submit a specimen in order to register your mark. Only one acceptable specimen is required for each class. Packaging that features the trademark. All registrants You must submit a specimen with your Section 8 or 71 affidavit or declaration of use.