Specimens and use in commerce
Specimen Refusal — Trademark Office Action Guide
A specimen refusal means your submitted sample does not show the mark used properly in commerce in connection with the applied-for goods or services.
What the USPTO is saying
The specimen you submitted does not demonstrate trademark use as a source identifier for the listed goods or services. It may be the wrong type of sample, show the wrong mark, or fail to establish use in U.S. commerce.
Why this issue is raised
For use-based applications and Section 1(a) filings, the USPTO requires real-world evidence that the mark identifies your goods or services in the marketplace.
How applicants typically overcome it
- Submit a new specimen showing the mark on labels, packaging, tags, or in sales displays for goods.
- For services, provide advertising, brochures, websites, or signage showing the mark in connection with services.
- Ensure the specimen matches the mark in the drawing and covers the correct class.
- Include the mark as consumers encounter it at the point of sale or when purchasing services.
- For intent-to-use applications, consider whether an Amendment to Allege Use or Statement of Use is appropriate.
Related Office Action issues
Frequently asked questions
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