What are specimens, and are they required for registering a trademark?

Specimens provide evidence of use for a specific mark by providing real-world examples of the mark being used on existing goods or offered for existing services. When filing a trademark or service mark registration, an individual is required to submit at least one specimen for each class of good or service claimed in their application. For trademark applications, labels, tags, and containers are acceptable specimens, while for service marks, magazine advertisements or brochures will suffice. Note that even though the USPTO recommends submitting actual specimens, a photocopy or picture can be used in place of bulky (larger than 8½" x 11") specimens.

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The content of this article is not intended to be, and does not constitute, legal advice and does not create attorney-client privilege. Consult the attorney of your choice before embarking on any legal matter or any document preparation/filing.

Dr. Thomas R. (Terry) Williamson III is a Patent Attorney practicing in Atlanta, Georgia.

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