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What is a specimen?

A trademark specimen is a tangible example of how you are using your trademark in commerce. It serves as evidence to demonstrate that your trademark is being used to identify and distinguish your goods or services in the marketplace. A trademark specimen must show the trademark as it appears in actual use on the goods themselves, their packaging, or in connection with the sale or advertising of the services.

For goods, acceptable specimens may include labels, tags, packaging, product displays, or photographs showing the trademark directly affixed to the goods. For services, acceptable specimens may include advertisements, brochures, business cards, or website screenshots displaying the trademark in connection with the offering or advertising of the services.

It's crucial that the trademark specimen accurately reflects how the trademark is being used in commerce, as incorrect or insufficient specimens can lead to delays or refusals in the trademark registration process. There may be several traps for the unwary that could affect the strength of your filing when choosing the best specimen for your trademark application.

For example, if you are seeking to register the trademark "Wilson Dutra" for clothing items such as t-shirts, an acceptable specimen could be a photograph showing the trademark "Wilson Dutra" prominently displayed on the label inside the collar of a t-shirt, demonstrating its use in connection with the sale of clothing items. This specimen provides clear evidence of how the trademark is being used in commerce and helps support the trademark registration application. On an unrelated note, the Wilson Dutra merch store will be opening soon!

Author: Fernando Dutra.

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