Trademark Talk with Erin Ep. 4: What is a Trademark Specimen of Use?
We have a new episode of “Trademark Talk with Erin” available for viewing! Trademark Talk with Erin provides information on trademarks, which may be beneficial to your company or business. There are many pitfalls to avoid when filing a trademark application. We are focused on the nuances of trademark law and can answer any questions you may have in this area. The new episode discusses trademark specimens, so we will be discussing trademark specimens in a little more detail in this week’s blog post!
Specimen Of Use
The United States Patent and Trademark Office (“USPTO”) states that a specimen is an “example of how you are actually using your trademark in the marketplace with the goods or services in your application.” In other words, a specimen of use demonstrates to the USPTO how your mark is used with your goods or services. For example, you sell coffee mugs with your brand “MUGGO.” You may have to show how the coffee mugs are associated with the “MUGGO” brand. The coffee mugs may have the words “MUGGO” labeled across the sides or the words “MUGGO” are featured at the base of the cup. Additionally, you may have the words “MUGGO” somewhere on the product’s packaging.
Is A Specimen Of Use Required?
Generally, a specimen of use is usually required when you are trying demonstrate “use in commerce” or an “intent to use” the mark in commerce. But slapping a label on a product may not be enough to satisfy the requirements for specimen of use. There may be various other requirements that need to be met.
Other Requirements For A Specimen Of Use.
The USPTO website also lists some other requirements for a specimen of use. The requirements may include:
- Showing that your trademark is used with the goods or services in your application.
- Showing that your trademark is actually being used in commerce
- Showing that it is actually you using the trademark, not that it is being used by another party
- Showing that the mark functions as a trademark
- And various other requirements
To visit the USPTO website for information on trademark specimens, click here.
What Happens When One Or More Requirements Are Not Met?
Sometimes, the USPTO may state that one or more of the requirements for a specimen of use were not met. This can come in the form of an office action, where the USPTO states in writing what requirement was not met or other issues your application may have. You generally need to respond to the office action before your application can move forward. Sometimes, responding to the office action may be difficult. However, trademark attorneys are well versed in not only what is needed for a trademark application, but how to respond to office actions as well.
We Are Here to Help
Erin Gormley, our trademark attorney, specializes in trademarks. She can help guide you through the trademark application process and address other trademark related questions you may have.
What are your thoughts on trademark specimens? What about the requirements for the trademark specimens? Leave a comment below to let us know what you think!
Watch Episode 4 of Trademark Talk with Erin right here!
Don’t forget! New episodes of “Trademark Talk with Erin” come out each week!
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Disclaimer: This article is not legal advice. It is only for educational or entertainment purposes only. Please do not use the article or contents of the article without permission. For legal advice and questions, please contact registered Patent Attorney Vincent LoTempio.
