Tag: specimen

What is a drawing?

A drawing is, in essence, your trademark. It is the exact representation of your trademark as you are, or intend, to use it. Drawings can be “typed” or they can be “special form drawings. A drawing is typed when it only standard Latin characters (words, numbers, letters). Drawings that are special form are those which contain a specific design, style, or color. When choosing what sort of drawing is best for you it is important to consider what is most important to protect for your trademark and your business. Some business owners even file separate applications for the typed text of their trademark and their logo design. What is right for you depends on what your business goals are, the level of protection you are seeking, and how much have invested in your business and your trademark. The specimen/sample that you will have to submit to the USPTO will have to exactly match the drawing. Once filed material changes cannot be made to your drawing, so before submitting it make sure that is exactly what you want!

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

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.

What is a Statement/Proof of Use?

If you received Notice of Allowance (NOA) from the USPTO that means you are close to registering your trademark. The USPTO has decided your trademark is allowed and you now have to demonstrate to them that you are currently using your trademark in commerce. A Statement of Use (SOU) is what will demonstrate that you are doing so. You have 6 months from the NOA to file an SOU or an Extension. An Extension will grant you an additional 6 months to file an SOU. Up to six Extension may be filed for a total of all 3 years, although note that all applicable fees must be paid for each Extension. To file an SOU you will need to pay the fees and submit a specimen that shows that you are using your trademark in commerce. The SOU must recite that you are using your trademark in commerce, the date you first used your trademark, and on what goods/services from the NOA you are using you trademark on. You must be using your trademark on all goods/services contained in the NOA at the time you file the SOU. If you are not, then those items must be disclaimed (removed) from the application. Failure to do so could jeopardize your mark. Attention to detail is very important which is why it is recommended to have a licensed attorney prepare such filings.

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