When Submitting a Trademark Application: What is an appropriate specimen

Hello!

I hope everyone had a great Memorial Day Weekend!

I am still continuing my "Why You Should Hire a Trademark Lawyer Series." As I have said before, this series is very important because a good percentage of my client base comes from individuals who have attempted to file a trademark on their own.

Another reason, trademark applications are rejected by the USPTO is because they do not include the appropriate specimen. When filing a trademark application based on actual "Use", an appropriate specimen should show that the trademark or servicemark is being used in commerce, i.e., goods or services are being offered or sold to the public.

The following are examples of specimens that are acceptable when submitting a trademark application for products:

1.Product or package labels or tags (for clothing, etc.).
2.Banners, Window Displays, Signs.
3.Catalogs showing the products for sale.
4.Website pages showing the products for sale.

The following are not acceptable specimens for products:

1. Advertisements. Any type of ads, brochures, flyers, etc.
2. Price Lists.

Acceptable Specimens for Services:

1. Advertisements are acceptable here. So any ads, brochures, flyers, etc. advertising the services are appropriate.
2.Company Letterhead. If letter includes an offer for services.

Specimens not acceptable for Services:

1. Memos.
2. Invoices.
3. Business Plans

Remember submitting the wrong specimen can delay your trademark application for 6 months or more. I hope you found this information useful. Please share your thoughts.