Why the need for substitute specimens of use? If you’ve encountered a rejection of your trademark specimens of use, then you know what I’m talking about. Substitute specimens. Why and when do they come into play? What exactly are substitute specimens? What are the timing requirements? Can you create new specimens in time? You have […]
Articles Tagged: specimen of use
What if specimens do not match the mark in your trademark application drawing?
What exactly is the mark filed in your trademark application or registration? One of the most common errors in a trademark application is a mismatch between the mark shown in a trademark application drawing and the mark shown in submitted specimens. The USPTO rule is that the specimens of use must display a mark that […]
What are the new trademark filing rules for 2020?
What are the new USPTO trademark filing rules in 2020? Starting Feb. 15, 2020, certain mandatory requirements for trademark filings will take effect. These changes to trademark filing rules pertain mostly to communications with the USPTO and specimens of use. The new trademark filing rules will require nearly all new trademark applications to be filed […]
Trademark mutilation and phantom mark: Say what?
When can the issues of trademark mutilation and phantom marks become a problem? Whenever there is a discrepancy between the mark drawn in the application and the specimens showing actual use of the mark, the issues of trademark mutilation and phantom marks may come into play. As discussed in further detail below, mutilation refers to […]
Rejected trademark specimens: What to do
Why do trademark specimens get rejected? Back in the old days when paper trademark applications were filed via snail mail, original specimens of use were mailed to the USPTO. The physical specimens of use had to meet certain dimensional requirements, such as being flat or flattened, in order to avoid the hassle of dealing with […]
How to trademark books, DVDs and creative works
What are common problems in registering a trademark on books? Books, DVDs, CDs, films, videos and other media containing creative content are generally considered creative works. It’s natural for an author of a book or other creative work to think about protecting the title as a trademark. So why is it so hard to trademark […]
What is an insurance extension request in an Intent-To-Use trademark application?
How does an insurance extension solve a common predicament in ITU trademark applications? In an Intent-To-Use (ITU) trademark application that has been allowed, an applicant will have a deadline to submit evidence of trademark usage by filing a Statement of Use. Often times, an applicant will file the Statement of Use close to the expiration […]
What are acceptable trademark specimens of use?
What is a trademark specimen of use? A trademark must always be tied to a particular product or service. Trademarks do not exist in the abstract. Though a trademark may start as a creation of the mind, it cannot remain in the mind to be protectable. One cannot simply claim rights to a name without […]
What is trademark use in commerce?
What is use in commerce? To establish trademark rights in the US, a trademark owner generally must be the first to use a mark in commerce on particular goods or services. There are a few exceptions to this general rule such as when the applicant owns a foreign registration or files an Intent-To-Use application. In […]