What Are Specimens of Use?

Are you thinking of registering a trademark for your business? If so, you should be aware of the concept of specimens of use. Specimens of use are essential evidence that you need to submit to the United States Patent and Trademark Office (USPTO) to prove that you are actually using your trademark in commerce. Without specimens of use, you cannot obtain or maintain a trademark registration. Please continue reading and reach out to Lemler IP and speak with a competent New Orleans trademark lawyer to learn about specimens of use, tips on how to create effective specimens of use that satisfy the USPTO requirements, and more. Here are some of the questions you may have:

What are specimens of use?

According to the USPTO, a specimen of use is “a real-world example of how the mark is being used on goods and/or services.” A real-world example means that it is an actual object that bears the mark, not just a photo or drawing of the mark. For goods, a specimen of use can be any of the following:

• Hangtags
• Instruction manuals
• Containers
• Labels
• Packaging materials
• Product instruction sheets

For services, a specimen of use must show the use of the mark by the applicant in connection with the sale or advertising of services. A specimen of use for services can be any of the following:

• Webpages
• Brochures
• Flyers
• Menus
• Signs
• Business cards and letterhead

When do you need to submit specimens of use?

You need to submit specimens of use at different stages of the trademark registration process, depending on the type of application you file.

If you file a use-in-commerce based application under Section 1(a), you need to submit specimens of use at the time of filing. This means that you must already be using your trademark in commerce before applying for registration.

If you file an intent-to-use based application under Section 1(b), you do not need to submit specimens of use at the time of filing. However, you will need to submit them later, after receiving a Notice of Allowance (NOA) from the USPTO. You can do this by filing either an amendment to allege use or a Statement of Use (SOU).

You also need to submit specimens of use when renewing or maintaining your trademark registration. You must show that you are still using your trademark in commerce between the fifth and sixth year after the registration date, between the ninth and tenth year after the registration date, and every ten years thereafter.

What are the requirements for acceptable specimens of use?

The USPTO has strict rules and guidelines for what constitutes an acceptable specimen of use. Here are some of the main requirements:

• The specimen must show the mark as it appears on the drawing page of your application.
• The specimen must show the mark as it is used on or in connection with the goods or services listed in your application.
• The specimen must show a direct association between the mark and the goods or services. For example, a webpage that merely mentions your mark without showing how it is used to sell or advertise your services is not acceptable.
• The specimen must be current and reflect your actual and ongoing use of the mark in commerce.
• The specimen must include a URL and a date for webpage specimens.

How can you create effective specimens of use?

Creating effective specimens of use can be challenging, especially if you are not familiar with the USPTO rules and guidelines. Here are some tips to help you:

• Review the USPTO website for examples of acceptable and unacceptable specimens for different types of goods and services.
• Use high-quality images or scans that clearly show your mark and its association with your goods or services.
• Include relevant information such as product names, descriptions, prices, features, benefits, etc. that demonstrate how your mark is used in commerce.
• Keep your specimens simple and focused on your mark and its usage. Avoid unnecessary clutter or distractions that may obscure your mark or its connection with your goods or services.
• Seek professional help from an intellectual property lawyer if you have any doubts or questions about preparing specimens of use.

Specimens of use are a crucial component of trademark protection. They show the USPTO and the public that you are using your mark in commerce and that you deserve exclusive rights to it. By following the USPTO rules and guidelines, avoiding common mistakes, and creating effective specimens of use, you can increase your chances of obtaining and maintaining a trademark registration for your business. If you need assistance with preparing specimens of use or any other aspect of trademark registration or maintenance, contact Lemler IP today.