Skip to main content
Specimens of Use for Trademarks

I’ve detailed the concept of specimens before but it’s a good idea to get into details about specimens as they apply to trademarks.

The simplest explanation is that the USPTO wants something that clearly shows the mark (i.e. the name, the name & logo, etc.) AND something that once read it is obvious that the mark is tied to the good.

In regard to trademarks, this can be accomplished several ways: "a label, tag, or container for the goods, or a display associated with the goods."

1) The Hanes clothing line has been in existence since 1901. One of the specimens they've provided for one of their many trademarks is a photograph of the tag printed on to their t-shirts. Check it out here.

2) Cover Girl is another well known American business, operating since 1958. One of the specimens they've provided over the years falls into the 'container' category, specifically the packaging lipstick comes in. You can see it here.

While there are only four ways mentioned in the USPTO's somewhat generic quote regarding acceptable specimens, there are several others that are within acceptable limits as well:

• Stampings, whether it be metal, rubber or inked on.

• Catalogs as long as it passes a three-fold test – a picture of the goods, shows the mark near the picture of the goods and provides ordering information, be it an order form, phone number, etc.

• An electronic display aka a web page. The same three-fold test that applies for catalogs is in play here.

- Mention our blog & receive $25 off of our Premium Package -
- Put BLOG in the Contact Name field -

Comments

Popular posts from this blog

Trademark 101: State Trademark or Federal Trademark?

Now that you know what a trademark is, what a trademark isn’t, and that you should get a trademark, let’s explore if a State trademark or Federal trademark is most appropriate for your needs.
For the USA, trademarks can be obtained either at the State level or the Federal level. So, which do you need? I’ll explain both and that’ll give you a clearer picture as where to go from here.
First and foremost, a State trademark gives you trademark protection for that specific state whereas a Federal trademark gives you trademark protection nationwide. Simple enough, yes? But, which is the right trademark for your needs?
1)Are you actively in business? 2)Are you only doing business in one city or county or just statewide?
If you answered yes to both, then exploring a State trademark is your next step. Here are some advantages to a State trademark:
·The right to expand statewide. The name will be waiting for you in other metros. ·If another mark is infringing upon yours within the state, you’ll have a…

Beware of Official-y Correspondence

Once you get that trademark filed be aware that your information is of public record, which means, unfortunately, some will mine that resource & some of those folks will send you solicitations. 
These solicitations often look very official, and "may use names that resemble the USPTO name, including, for example, one or more of the terms "United States," “U.S.,” "Trademark," "Patent," "Registration," "Office," or "Agency."  
Some will even have documents that resemble actual government documents rather than what you'd expect a company to send and this is often done by "emphasizing official government data like the USPTO application serial number, the registration number, the International Class(es), filing dates, and other information that is publicly available from USPTO records."
Most of these are asking you for money. That's your major warning flag.
"All official correspondence will be from the …

$50 Discount: Ends Wednesday, July 20th - Mention the Blog When Ordering

$50 DISCOUNT! Exclusively for you Comprehensive Research & Analysis: Federal/State Trademark & Common-Law Federal Trademark Application Order by Wednesday, July 20! 800-776-0530

So, you finally settled on the perfect name for your product or service – that's fantastic! Finding just the right name is vitally important to the success of any product line or service.
Or, perhaps, we've already searched & filed a trademark for you. If it's been a couple of years, have you had protective research conducted? Do you have a logo or a slogan or a new product/service name?
Regardless if you're new to the world of trademarks or have already gone 'round once, let's walk through a quick primer. Protecting your brand is a vital part of your overall business plan.
Trademark Step-by-Step Primer
1) Is it required that I register my trademark?
No, not at all. However, registering your trademark, specifically your Federal trademark, does provide you with several advantages:
* Pu…