What Constitutes An Appropriate Specimen?

Selecting a good specimen is vital to a viable trademark application.

Whether you are filing a specimen with a "use-based" trademark application or filing a specimen in conjunction with an allegation of use subsequent to the initial trademark application, there are some clear requirements. The list below is not meant to include all possible types of specimens, but will provide guidance on the most common permissible specimens.

• If you are selling a product, a possible specimen is a photograph of the product or label placed on the product. 

• A digital printout of the label (or drawing of the label) is likely to be denied by the USPTO as it is not the label as actually affixed to the product.  

• If you are selling a product, another possible specimen is a screenshot from a website catalog detailing the product and the trademark with a way to purchase the product by placing it in a "cart." This is true for mobile applications as well. A possible specimen would be the download page for the software app, detailing the mark, and describing the software as detailed in the trademark application.

• If you are selling software as a service (SAAS), the U.S. Patent and Trademark office must see the trademark on the SAAS as viewed by the customer. Advertising for the software is not sufficient. 

• A possible specimen is a screenshot of the SAAS, as viewed by the customer, showing the trademark in a footer or header. 

• Specimens have been denied when the trademark is a navigation button.

• Another possible specimen is a screenshot of the login page for the SAAS bearing the trademark.

• If you are providing a service (other than software), advertising for the service is acceptable as long as the specimen clearly describes the services as detailed in the trademark application. Examples include, screenshots of a website page bearing the mark and describing the services provided, a menu (for a restaurant), and an agenda (for training or workshops).

The information herein is for informational and educational purposes only. If you have legal questions or concerns, please consult a qualified legal practitioner.

The availability of WHOIS information for domain names is about to change...

The General Data Protection Regulation (GDPR) continues to have major effects on the Internet.

As of May 25, WHOIS information that is publicly accessible and available will be limited to 

• the domain name, 
• the owner's organization (if any), 
• the owner's state or province and country, 
• an anonymous email address or web form (for forwarding an email communication).,
• name servers,
• information regarding the domain name registrar, and
• the domain's creation and expiration dates.

There will be no real names, telephone numbers, or email addresses for direct communications with the domain name registrant. All other information will be available subject to accreditation. Stay tuned as there are not yet any "accreditation" standards.

This blog is for educational and informational purposes only and is not legal advice. If you have any questions or concerns about your legal rights or obligations, please contact qualified legal counsel.