When you are seeking federal registration for a proposed trademark, you do not get a monopoly over the mark for 𝘢𝘯𝘺 use of the mark.

You file for registration of a trademark with the USPTO in a particular class/class(es), which are categories of goods and/or services.

You successfully obtain a registered mark after providing proof of use of the mark within each class you claim.

Your proof of use is what the USPTO labels a 𝘀𝗽𝗲𝗰𝗶𝗺𝗲𝗻. It must illustrate how your mark will be used to identify *𝘆𝗼𝘂* as the source of your product.

IMPORTANT: each specimen you provide must show your proposed trademark in use for that specific category of good/service that you filed for.

This means you can’t provide a picture of your mark on a tote bag (class 18) as your specimen for application for paper goods (class 16).

The examining attorney at the PTO assigned to your application will issue an Office Action (which is a temporary refusal of your application) if you provided an improper specimen for the applied-for class(es).

Luckily, specimen refusals are not difficult to fix!

Each office action gives you a chance to respond within 6 months, in an effort to overcome any issues with your application. Do not ignore this deadline!

If you don’t respond timely and correctly, your application will be deemed abandoned!

Be mindful of “non-final” office actions vs. “final” office actions.

Non-final = your 1st notice of the issue with your application – your initial opp. to fix, amend, or clarify the reason why the examining attorney could not approve your application as is.

Final = the last review of your application, and you have a final opp. to fix any errors.

If you receive an office action and you’re unsure of how to respond, reach out to a trademark attorney (as early as possible) to assist.

𝘙𝘦𝘮𝘦𝘮𝘣𝘦𝘳: 𝘛𝘩𝘪𝘴 {thread} 𝘪𝘴 𝘴𝘵𝘳𝘪𝘤𝘵𝘭𝘺 𝘧𝘰𝘳 𝘨𝘦𝘯𝘦𝘳𝘢𝘭 𝘪𝘯𝘧𝘰𝘳𝘮𝘢𝘵𝘪𝘰𝘯𝘢𝘭 𝘱𝘶𝘳𝘱𝘰𝘴𝘦𝘴 𝘰𝘯𝘭𝘺 𝘢𝘯𝘥 𝘪𝘴 𝘯𝘰𝘵 𝘪𝘯𝘵𝘦𝘯𝘥𝘦𝘥 𝘵𝘰 𝘤𝘰𝘯𝘴𝘵𝘪𝘵𝘶𝘵𝘦 𝘭𝘦𝘨𝘢𝘭 𝘢𝘥𝘷𝘪𝘤𝘦.⁣