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When do I file the specimen?

  • When do I file the specimen?

    When applying to register your trademark, the timing to file the specimen depends on whether your application is based on “use in commerce” or “intent to use.” If your application is based on “use in commerce,” you need to submit one specimen for each class of goods or services when you file the application. If your application is based on “intent to use,” you must submit one specimen for each class of goods or services when you file the “allegation of use.” The allegation of use can be filed either before publication (Amendment to Allege Use) or after publication (Statement of Use). If filing electronically, you need to attach an image of your specimen in .jpg or .pdf format.

    An attorney representing you at the Firm through Brandme can assist in determining what constitutes an acceptable specimen. Click here to start the trademark application process through brandme.