What is a specimen?
A specimen is a real-world example of how the mark is actually used on the goods or in the offer of services. Labels, tags, containers, diplays and copies (including photographs and photocopies) of the same for the goods are considered to be acceptable specimens of use for a trademark. For a service mark, specimens may be containers, tags, labels, advertising (such as magazine advertisements), billboards, business cards, brochures or copies of the same. If the actual specimens are bulky, or larger than 8″ x 11″, then the applicant must submit facsimiles, (e.g., photographs or good photocopies) of the specimens. Facsimiles may not exceed 8″ x 11″. ONE SPECIMEN IS REQUIRED FOR EACH CLASS OF GOODS OR SERVICES SPECIFIED IN THE APPLICATION. Specimens are required in applications based on actual use in commerce and must be filed with the Amendment to Allege Use or the Statement of Use in applications based on a bona fide intention to use the mark in commerce.
A specimen is a real-world example of how the mark is actually used on the goods or in the offer of services. Labels, tags, or containers for the goods are considered to be acceptable specimens of use for a trademark. For a service mark, specimens may be advertising such as magazine advertisements or brochures. Actual specimens, rather than facsimiles, are preferred. However, if the actual specimens are bulky, or larger than 8½” x 11″, then the applicant must submit facsimiles, (e.g., photographs or good photocopies) of the specimens. One specimen is required for each class of goods or services specified in the application. Specimens are required in applications based on actual use in commerce, and must be filed with the Amendment to Allege Use or the Statement of Use in applications based on a bona fide intention to use the mark in commerce.
A specimen is one of the things which must be supplied to the Patent and Trademark Office during the process of applying for a federal trademark registration. It is an item that serves as an example of a trademark in use, and evidence of the trademark’s use. When the application is based on actual use in commerce, the application must include this specimen. Examples of appropriate specimens include a sample product packaging showing the mark being used on the package, or a photograph of the goods showing the use of the mark on the goods (the actual goods should not be sent to the PTO). When the application is based on an intent to use, rather than actual use, the specimen is not filed with the application (since the mark is not being used yet) but is filed later with the statement of use.
The objects held by natural history museums are called specimens. A biological or paleontological specimen is an individual organism, part of an organism,or a naturally-occurring material related to an organism. For example, birds are traditionally preserved as skins with the feathers still attached. The bird skin is usually positioned on its back with the wings tucked and the legs in line with the body. Click to EnlargeThis type of preservation (as opposed to a life-like pose with the wings spread) is space efficient, allowing more bird skins to be stored in a given amount of space. Nests, eggs, and fossil trackways are examples of naturally-occurring materials that are not organisms, but they are natural history specimens. A specimen may exist in its original state, in an altered form, or some combination of the two. For example, a fossil may be left in its rock matrix, or if time, money, and techniques permit, it may be removed from the matrix.
