A specimen shows how your mark is actually used in commerce as it relates to your good or service. The type of specimen you need to support your trademark application depends on whether you are seeking to register a mark for a good or a service. A good is considered a physical product or merchandise, while a service is an activity that is provided for the benefit of a third party. The difference between the two is extremely important as it determines what type of specimen is needed to support your trademark application.

If the mark you are registering is a good (trademark) then your attorney will need a picture of the good’s tag, packaging or label. For example if you have a swimsuit line, then a picture of the swimsuit label on the swimsuit is acceptable. A picture of the label by itself however is unacceptable as it fails to show how the mark relates to your good.

If the mark you are registering is a service (servicemark) then your attorney will need a picture of your mark as you use it to promote the services you provide. For example a brochure that shows the mark along with a description of the service that you are providing, a screen shot of your website, or other advertising that includes your mark and a description of your services. Again a picture of your logo by itself is unacceptable.

Remember registering a mark is legal process. Although some choose to register their mark themselves, the task can be complicated which is why many seek an experienced attorney to handle the process. The Murray Law Group, LLC, can assist you in registering your mark, contact us for more information.




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