In the world of trademarks, specimens of use (or proof of use) play a crucial role in obtaining and maintaining a trademark registration with the United States Patent and Trademark Office (“USPTO”). In this blog post, we’ll delve into the types of specimens that are accepted by the USPTO (hint: they’re not alien artifacts!), the specific requirements for each type of specimen, and some practical tips to help you navigate the selection process. So, grab your magnifying glass (figuratively, of course) and let’s examine the basics of specimens of use!
What is a Specimen of Use, and When Do I Need One?
Before the USPTO grants registration of your trademark, it wants to see tangible evidence that your mark is actually being used in U.S. commerce. That’s where specimens of use come in. A “specimen of use” simply means evidence of how a trademark is used. To meet the USPTO requirements, the evidence must show actual commercial use of the mark in the U.S. in connection with the goods and/or services claimed in the application or registration. There are three circumstances under which trademark owners are required to submit specimens proving use of their marks: (1) to obtain registration; (2) to maintain registration; and (3) to respond to a post-registration audit from the USPTO. Let’s investigate these scenarios further.
Continue reading “From Concept to Commerce: The Art of Trademark Specimens of Use”