TMEP 904.03: Material Appropriate as Specimens for Trademarks

This is the October 2015 Edition of the TMEP

Previous: §904.02(c)(iii) | Next: §904.03(a)

904.03    Material Appropriate as Specimens for Trademarks

For a trademark application under §1(a), allegation of use in an application under §1(b), or affidavit of use under §8 or §71 of the Trademark Act, the specimen must show the mark as used on or in connection with the goods in commerce. A trademark specimen should be a label, tag, or container for the goods, or a display associated with the goods. 37 C.F.R. §2.56(b)(1). A photocopy or other reproduction of a specimen of the mark as used on or in connection with the goods is acceptable. 37 C.F.R. §2.56(c).

See TMEP §§1301.04 et seq. regarding service mark specimens, TMEP §1304.02(a)(i)(C) regarding collective membership mark specimens, TMEP §1303.01(a)(i)(C) regarding collective trademark and collective service mark specimens, and TMEP §1306.02(a)(i)(B) regarding certification mark specimens.