What is a Trademark Specimen?

Submitting a trademark specimen is a required element of trademark registration.  The trademark specimen is an actual example of the mark being used in commerce or in connection with offered goods and/or services.  A proper trademark specimen submittal for goods would be evidence showing the mark on the actual goods themselves or on the packaging containing the goods.  Advertisements clearly displaying a particular mark would be a good specimen submittal for trademarks involved with services.  When filing a trademark registration based on a mark that is currently being used in commerce, a trademark specimen is required to be submitted with rest of the application.  If filing a trademark application with the intent to use the trademark eventually, the trademark specimen must still be submitted later when filing the “Allegation of Use.”

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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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