One of the prerequisites to obtaining and renewing a federal
trademark registration is alleging use of the mark in commerce and
submitting an acceptable specimen to the United States Patent and
Trademark Office as evidence of such use. Questions often arise, as
to what types of specimens are acceptable, and whether a trademark
owner's actual use of its mark matches the mark covered in the
application or registration.
What Types of Specimens are Acceptable?
For each class of goods and/or services covered in an
application or registration, the Trademark Office requires
evidence, i.e, a specimen, showing the mark is being used on or in
connection with the goods, or in the sale or advertising of the
services in commerce.
For goods, an acceptable trademark specimen is a label, a tag,
an instruction manual, a container for the goods, or a display
associated with the goods....
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