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What is a Trademark Specimen?

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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.”

For more information on intellectual property, please visit Patent, Trademark, Copyright Information.

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.

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

C2008, Williamson Intellectual Property Law, LLC; all rights reserved, world-wide.

Williamson Intellectual Property Law, LLC
1870 The Exchange, Suite 100
Atlanta, GA 30339
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Williamson Intellectual Property Law, LLC
1870 The Exchange, Suite 100 - Atlanta, Georgia 30339