There are a few ways that trademark applications can be refused. It can cause more problems if you’re not ready for the application process. One common reason is “specimen refusal”. It is where the trademark specimen you sent does not meet the USPTO’s requirements.
What is a Trademark Specimen?
A specimen is required for most trademark applications. It is a sample showing how you are using your trademark for your business, products, and services. The USPTO will usually ask for digital samples. They can be photographs, screenshots, or printouts of your business using your trademark. A good specimen should show exactly what your customers will see.
Why Do Trademark Specimens Get Rejected?
Common reasons for trademark specimen rejection include, but are not limited to:
- The specimen does not show your trademark well. Your specimen should show your complete original trademark. You can’t crop it, it must be the same as what you are submitting, and it must be clear.
- The specimen is not in the right class. There are 34 classes for products and 11 for services. The different classes can be like each other. But your trademark should almost be the same as the class chosen in your application.
- The specimen is not yet being sold. Your trademark has to already be part of what you are selling to customers. Like, having a tag with your mark on the clothes you are selling. Models, mock-ups, or drawings are not accepted.
What Can You Do?
If your trademark specimen is rejected, you might be able to send a new one. This new specimen needs to meet all the requirements of the USPTO. It can depend on why your specimen was rejected. So you must be very detailed when making your trademark.
For example, you claimed you were already using your trademark (“in use”) in your application. But they rejected it because you are not selling it yet. You can change your application to say you have “intent to use” it.
It can be difficult to deal with a rejected trademark specimen. Or even, get ready to apply for a trademark for the first time. It may be a good idea to talk to an attorney who specializes in this area. Lockhart IP is ready to help you protect your ideas and help your business thrive, book a consultation today!