Trademark Fundamentals: What Is a Specimen of Use? | Pillsbury – Propel
As you dive into the world of trademarks to protect your brand, one element you will encounter during the registration process with the U.S. Patent and Trademark Office (USPTO) is the “specimen of use.” Understanding this term and what it requires is essential for successfully securing a trademark registration. This article will explain what a specimen of use is, why it’s important, and how to properly submit one.
What is a Specimen of Use?
A specimen of use is a real-world example of how your trademark is used in connection with the goods or services listed in your trademark application. It serves as proof to the USPTO that your trademark is not just a theoretical concept but is actively being used in the marketplace.
Why is a Specimen of Use Important?
Submitting a specimen is a fundamental part of the registration process for applications filed U.S.-based companies. It demonstrates to the USPTO that your trademark is in active use, which is a requirement for registration. Without a valid specimen, the USPTO may reject your application.
What Qualifies as a Specimen of Use?
The type of specimen you need to provide depends on whether your application is for goods or services. Some examples include the following:
- For Goods
- Labels and Tags: If your trademark is printed on labels, tags, or packaging of the product, these can be submitted as specimens.
- Product Displays: Displays showing the trademark in a store or on a website can qualify, as long as they clearly associate the mark with the goods in a situation where a consumer can buy the goods.
- Photographs: Clear photographs of the product with the trademark visibly on it can also be used.
- Screenshots: Screenshots of a website where the goods are sold and the trademark is prominently displayed can be effective specimens.
- For Services
- Advertising Material: Brochures, flyers, or digital advertisements that show the use of the trademark in promoting the services.
- Signage and Banners: Signs or banners used at a service location or during service delivery.
- Website Screenshots: Pages from a website that clearly show the trademark in direct relation to the advertised services, including a URL and date captured on the printout.
Tips for Submitting a Specimen of Use
- Relevance: Ensure the specimen directly relates to the goods or services in your application. It must clearly show the trademark as it is used in an ordinary commercial setting, and it must display the mark as it appears in the trademark application—any material deviation from what is shown in the application, such as additional words or stylistic elements, may result in a rejection of the specimen.
- Clarity: The specimen must be clear enough that the trademark is easily recognizable. Blurry or obscured uses may be rejected.
- Current Use: The specimen should reflect current use of the trademark. Using outdated or obsolete specimens can lead to issues down the road.
- Proper Marking: The specimen should show the trademark as it is used on the goods or in the promotion of the services, without alteration.
Common Mistakes to Avoid
- Mockups or Drawings: The USPTO requires actual use examples, not mockups, printer’s proofs or artist’s renderings.
- Merely Descriptive Use: The specimen must show the trademark used in a brand-identifying way, not as a description of the goods or services.
Takeaway
Properly submitting a specimen of use is an important step in the registration process. It not only demonstrates your trademark’s actual use in commerce but also solidifies your legal claim to protection under U.S. trademark law. As with all aspects of trademark registration, when in doubt, consult with a trademark attorney to ensure your rights are fully protected.
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