Making sure your specimen is correct

When filing a trademark application, you will have to include a specimen at some point in the process. A specimen is a sample that shows that you are using your trademark in commerce. What is exactly needed varies from application to application depending on your goods/services and what class they are in. Each international class included on your application will require a separate specimen. The sample should show your trademark being used on your goods/services or in connection with them. An example for goods could be your trademark appear on the goods or on the tag or label for your goods. An example for services could be your trademark appearing on a promotional material or a website where you advertise or provide your services. The trademark as it appears on your sample must exactly match what you applied for as it appears on your drawing! It is important to note that the law requires that your sample must have been in use on or before the filing date of your application (for actual use applications) Or on or before the date of filing a Statement of Use (for intent to use applications). Getting your specimen correct the first time can save you a lot of time and possibly money. It is always recommended to find out exactly what your specific application needs by having a licensed attorney review it.

This blog is not legal advice and is not specific to your application. You should always consult an attorney.

Describing and classifying your goods/services

You know what your goods or services are, but describing them accurately and in way that will protect your trademark is not always easy. For starters your description should only include the items which you are currently or intend to use your trademark on. Generally, the best descriptions are brief, using common commercial names, and not vague or broad. Goods/services also have to be classified. The USPTO categorizes applications by putting them into classes (or international classes). Each class included on your application will require a separate filing fee, specimen (sample), and dates when you first used your trademark. Details are extremely important when completing this portion of your trademark application. Mistakes made here can be difficult to correct as once filed the USPTO does not allow material changes to an application. Even minor issues can result in delays and additional fees. Your trademark is important to you so make sure you take the time and care needed to complete it correctly and consider hiring a licensed trademark attorney.

This blog is not legal advice and is not specific to your application. You should always consult an attorney.