Posted on by Information Seekers

TMIN News 08: Specimen

This news broadcast-style video focuses on what is meant by the term “specimen.” It provides examples of acceptable specimens and highlights the differences between a “drawing” and a “specimen.” As the “specimen” issue is commonly misunderstood by both initial applicants and registrants making post-registration submissions, watching this video should help you avoid mistakes.

Resources referenced in the video
TEAS: https://www.uspto.gov/trademarks-application-process/filing-online
Ornamental Refusal: https://www.uspto.gov/trademark/laws-regulations/ornamental-refusal-and-how-overcome-refusal
Specimen Refusal: https://www.uspto.gov/trademark/laws-regulations/specimen-refusal-and-how-overcome-refusal

Enhanced accessibility version: https://rev-vbrick.uspto.gov/#/videos/33c79d46-aeba-403a-bfc1-656d5287dded

To stay current with the USPTO, subscribe to regular e-mail updates at http://www.uspto.gov/subscribe.

26 Replies to “TMIN News 08: Specimen”

  1. I couldn't take this video serious at all after the beginning… Either way, thanks for it. We're trademarking our name 🙂

  3. How about applying a sticker with the trademark onto the product? Is that acceptable?

  4. How about applying a sticker with the trademark onto the product? Is that acceptable?

  5. Can my company logo name on a document (which is what I will mostly provide my client(s) be used for the "Services" application?

  6. I own my domain, and have been selling items via Teespring for a little over a year. It keeps rejecting the screenshot of the webpage, so what else can I use? When I order samples, my logo is not on the packaging or tags, so is there a specimen that wouldn't be considered "ornamental"? I also use my social media to promote my items (if this helps)

  7. If a mark on the packaging of goods also includes a URL, would this be declined for advertising?

  10. So am I to understand that a store on, let's say Etsy were to apply for a trademark, a screenshot and/or link of and to such a site would be accepted as a specimen so long as applied for trademark and logo were to exist on site. Also packaging is shown in photos and is wrapped as opposed to boxed with advertising and information on how to use said product. This is how product is shipped.
    Also, reviews are dated for the product on the webpage. Is this acceptable as proof of date?

  11. Theoretically If my business name in commerce I use "Michael Coffman Meats" but trademark "Coffman Meats" (omitting my first name) would that be valid?

  12. If you are a seller of precast concrete buildings what would the specimen be. There is no mark on the precast concrete.

  13. If it's in your capacity to answer, I have had a facebook page(/website?) for two years, and a business card for my services based business that references the the page. Would this be an acceptable services specimen?

  15. If a "word only" mark has only appeared attached to digital media, e.g. a digital release on Bandcamp, is a specimen needed? If so, what can the specimen consist of?

  16. Other than the packaging, does the website or the profile page on the platform where you are selling your goods account i.e. Etsy, Amazon, etc or will they fall under the category of advertisement?

  17. Do volunteer outfits and/or community organizations that accept donations and/or charge 'member dues' still fall under the 'Services Provider' category if they don't charge for services that are rendered outside the organization?
    As in, volunteers and members, some paying dues, are assigned to pick up trash in front of a business at request but don't charge the client a fee for services.

  18. I'm applying for a service mark for my artist name(for painting custom works) would a specimen of my artist name on a completed work qualify?

  19. What if I am registering for something that's not doing business yet but own the domain? What specimen do I provide if don't have the good or has not provided services under the mark yet?

  20. If I am designing a product line for a manufacturer and they are giving me credit on marketing materials, but they are producing the product based on my design drawings, is that a service mark? And would a specimen be a picture of their marketing materials with my logo on it? Because the physical products themselves with have the manufacturers mark on them, not mine.

  21. There is a Crisis in the United States and World.     The World is being Controlled by Evil Geniuses who created and use an Amazing, Powerful, Artificially-Intelligent Supercomputer that commandeers Man-Made Satellites.     Using their Supercomputer and Satellites these Evil Geniuses:   Created this COVID-19 Pandemic; Mind-Control Everyone and Create Man-Made Tragedies, Wars, Terrorist Attacks, etc.; Create the Weather including Precipitation, Storms, Hurricanes, Floods, Blizzards, Tornadoes, Droughts, Lightning Strikes, etc.; Create Earthquakes, Tsunamis, Volcanic Eruptions, etc.; Create Forest Fires, Wild Fires, Avalanches, Landslides, Other Natural Disasters, etc.; Cause Heart Attacks, Strokes, Cancer, Disease, Epidemics, Agricultural
    Problems, Pest Problems, Animal Attacks, Genetically Engineer People, Animals and Plants, etc.; Etc., etc., etc.    
    You probably won’t believe this, but at least you now have been Informed.

  23. I am applying to register a composite mark. If my specimen includes my package that shows the full composite mark, is it okay if my product inside the package only shows the wording portion or design portion of the composite mark? Or do both package and product have to show the same full composite mark?

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