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What are “specimens”?

specimens
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What are “specimens”?

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A specimen is an actual example of the use of the mark in trade. It is the means by which the public would view your mark and be aware of the goods or services offered. 1. For a trademark, the specimen can be a label on the product sold or a photograph of the mark on the product itself, if the specimen is too big or bulky to be sent in the mail. 2. For a service mark, the specimen can be a sample of how the services are being advertised. Advertisements, brochures, and flyers, or business cards may be acceptable specimens for a service mark; business cards and letterhead may be acceptable if they show the mark and refer to the services. The specimen for a service mark must demonstrate the nature of the services rendered. The specimen should be something that could be handed to any average member of the public and that person would immediately know what services are being provided by the entity using the mark.

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A “specimen” is an actual example of use of the mark in the stream of commerce. It is the means by which a consumer would view your mark and be aware of the specific goods or services offered. For a trademark, an acceptable specimen would be the actual label or packaging used on the product which is sold under the mark. For a service mark, an acceptable specimen would be an advertisement, such as a newspaper ad, brochure, leaflet or flyer which shows the mark and denotes the services provided to the public and distinguishes the services from those of another party.

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Specimens are actual samples of how the mark is being used in commerce. If the trademark is used on goods, examples of acceptable specimens are tags or labels which are attached to the goods, containers for the goods, or photographs of the goods showing the use of the mark on the goods themselves. Letterhead, business cards, invoices, catalogs are not acceptable specimens for goods.If you are registering words, numbers or letters without a logo or design, letterhead, business cards, invoice, and catalogs may be acceptable as specimens. If the mark is used for services, examples of acceptable specimens are brochures about the services, business cards, advertisements for the services showing the mark in connection with the services or photos which show the mark either as it is used in the rendering or advertising of the services. In the case of a service mark, the specimens must either show the mark and include some clear reference to the types of services rendered or show the mark as it

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