TMEP 1104.10(b)(v): Specimen

This is the October 2015 Edition of the TMEP

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1104.10(b)(v)    Specimen

An amendment to allege use must include a specimen for each class. The examining attorney must review the specimen for compliance with all relevant requirements. See TMEP §§904.03–904.03(m) regarding material that is appropriate as a trademark specimen, TMEP §§1301.04 et seq. regarding material that is appropriate as a service mark specimen, and TMEP §§1202–1202.17(e)(vi) and 1301.02–1301.02(f) regarding use as a trademark or service mark. See TMEP §§1303.01(a)(i)(C), 1304.02(a)(i)(C), and 1306.02(a)(i)(B) regarding material appropriate as a collective or certification mark specimen.

If the applicant submits a substitute specimen in conjunction with an amendment to allege use, the applicant must verify that the substitute specimen was in use in commerce on or in connection with the goods/services (or to indicate membership in the collective organization, for a collective membership mark) prior to filing the amendment to allege use. Similarly, if the applicant submits an additional specimen in support of a multiple-class application that is not identical to the specimen originally filed, the applicant must verify that the new specimen was in use in commerce on or in connection with the goods/services (or to indicate membership in the collective organization) prior to filing the amendment to allege use. See TMEP §904.05 regarding affidavit supporting substitute specimens.

If, in fact, the mark was first used on dates other than those asserted in the amendment to allege use, the dates of use must be corrected. 37 C.F.R. §2.71(c). See TMEP §§903.04 and 1104.10(b)(iv) regarding amendment of the dates of use.

If the amendment to allege use is filed through TEAS, the specimen must be a digitized image in.jpg or.pdf format. 37 C.F.R. §2.56(d)(4). See TMEP §904.02(a) for additional information about electronically filed specimens.