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Specimen Requirements of the United States Patent & Trademark Office

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The particular way the mark is actually used in the offer of services or on the goods is what is known as a specimen in the intellectual property realm. Acceptable specimens of use for a trademark include labels, tags, or containers. Specimens composed of magazine advertising or brochures are typically used for service marks. It should be noted that unless the specimens are bulky or larger than 81/2″ by 11″ (in which case facsimiles are acceptable), one actual specimen for each class of goods is required for filing with the United States Patent & Trademark Office.

According to the rules enumerated in the United States Code , if the application is based on actual use in commerce, specimens are required, and must be filed with the Amendment to Allege Use, or the Statement of Use if the application is based on a bona fide intention to use the mark in commerce. However, specimens are not required for applications based on a foreign application or registration, or for applications based on an extension of protection of an international registration to the United States.

You would be wise to consult with a Florida trademark lawyer first, before undertaking any trademark matters.

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