What is a Specimen of Employ?
A specimen of use shows the style in which a trademark is seen by the public. A specimen is a real-life example of how the trademark is used in commerce on or in connexion with the goods and/or in connection with the offer or promotion of the services.

When is a Specimen of Apply Required?
According to the USPTO,"if your application is based on "use in commerce" or "intent to use," you are required to submit a specimen. If your application is based on a foreign awarding or registration, or you filed under the Madrid Protocol, you are non required to submit a specimen." The following tabular array outlines the filing basis and requirement for these applications.

Filing Ground Requirement
§1(a) of the Trademark Act [based on utilise] Application must include one specimen for each class at the time of filing.
§i(b) of the Trademark Act [based on intent-to-use] Awarding is filed without a specimen.

Prior to registration, an Amendment to Allege Use or Statement of Utilise must be filed and must include one specimen for each grade.
§44(d) or §44(e) of the Trademark Act [based on strange application/registration] No specimen requirement.
§66(d) of the Trademark Act [Madrid Protocol] No specimen requirement.

Registrations
Regardless of awarding filing basis, a specimen must be filed with the Proclamation of Employ required between the fifth and sixth year after registration, and with the Announcement of Use and Renewal Awarding required every x years after registration.

Generally, one specimen for one item identified in each form of appurtenances/services is required.

What Constitutes an Acceptable Specimen?
When you submit your case specimens, it is important that your specimen shows your trademark and how it will be used. Following are examples of acceptable and unacceptable specimens for goods and services.

Goods

(International Classes one-34)

Acceptable Unacceptable
· A photograph of the marking stamped on the actual product or its packaging
· A re-create of a real production characterization
· Screenshot from online shop showing mark side by side to the production every bit offered for auction, with sales price and/or ordering information
· Screenshot from website or app store showing marker adjacent to "download" or similar link
· Copy of a catalog page showing mark next to the product, with sales toll and/or ordering information
· Didactics manual		 · Invoices
· Nib of Lading
· Technical Sheet Datasheet
· Mock-ups of Labels or Hangtags
· Advertisement
· Printing release

Services

(International Classes 35-45)

Acceptable Unacceptable
· Any advertisement that shows the mark and references the identified services
· Website printouts, Newspaper or Mag Ads, Brochures
· Billboards
· Menus (for restaurants)		 · Printer's proof
· Mock-ups of advertizing
· Annihilation that says "coming soon" or "internal utilise merely"

The content of this article is intended to provide a general guide to the field of study affair. Specialist advice should exist sought about your specific circumstances.