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Specimens Not Just for Guys in White Coats Anymore

Specimens Not Just for Guys in White Coats Anymore

Okay, let's assume that you're at the trademark stage: you've had comprehensive research conducted; the analysis on the research has been done; and (yay!) your name is clear. Now the next step is filing for the Federal trademark.

Part of the USPTO application process involves sending the Federal government proof of how the mark is used whether it's used for goods or for services. The USPTO calls this the specimen.

Okay, first, what is a specimen? While it sounds very laboratory-ish, it's really not too complicated. Basically, the USPTO needs to see a real-world example of how your mark is used for the goods and/or services.

If you're selling goods (aka products), the specimen must be "a tag or label for the goods; a container for the goods; a display associated with the goods; or a photograph of the goods that shows use of the mark on the goods."

If you're selling services, the specimen must be "a sign; a brochure about the services; an advertisement for the services; a business card or stationery showing the mark in connection with the services; or a photograph showing the mark as used in rendering or advertising the services."

For either goods or services, it must have two important things: (1) the mark and (2) it's gotta be OBVIOUS what the goods and/or services are just by looking/reading the specimen.

Let's look at some examples to illustrate this:

1) You've got a name & a logo that you're using for your cosmetics line. To provide proof to the USPTO of your mark's use, you could submit a picture of a tag that's attached to a tangible product, such as a lipstick or mascara tube.

2) You've got a name that you're using for your online retail store services. To provide proof to the USPTO of your mark's use, you could submit a screen shot of your web site.





Specimens Not Just for Guys in White Coats Anymore - To learn more about this author, visit Shannon Moore's Website.

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Dianne Crampton

Dianne Crampton is an executive leadership coach, team culture consultant, author and president of TIGERS Success Series, Inc. Dianne has been helping CEO's and Executives connect their employees to their core values and goals for over 20 years using the trademarked TIGERS team culture process, which stands for trust, interdependence, genuineness, empathy, risk and success. To download a free white paper on behaviors that build strong teams and behaviors that will predictably tear them down go here.

Dianne's contribution to the 2010 Pfeiffer Consulting Journal (an imprint of John Wiley and Sons Publishers) entitled TIGERS Hearted Teams is available in November 2009.  Her new book TIGERS Among Us: 5 Winning Business Team Cultures And Why, Three Creeks Publishing will release in March 2010.  To receive publishing discounts, subscribe to the free TigerTracks Newsletter here.

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Shannon Moore
(Visit Shannon's Website) Shannon Moore is the General Manager for TradeMark Express. Since 1992, TradeMark Express has met the needs of their clients with comprehensive research, application preparation, attorney referrals and trademark consultation. For further details, please visit us on the web at Tra deMark Express or call Shannon directly at 800.340.2010.

Shannon Moore is a Platinum author on EvanCarmichael.com
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TradeMark Express - Shannon Moore is the General Manager for Trademark Express. Since 1992, we've helped clients with their trademark needs. This includes free general trademark consultations, comprehensive research and expert analysis of complex trade name searches & trademark application preparation and filing.
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