What Is An Acceptable Specimen of Use?

trademarks with three months laughter I

am Andre meant the father of trademark

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today's question I'm going to answer is

what is an acceptable trademark specimen

for when you're filing a post

registration or post allowance statement

of use in the US after your trademark is

allowed or registered when you're filing

your maintenance between fifth and sixth

anniversary of the registration unless

you have two separate videos

what about post allowance statement of

use and the other one is about both

registrations they save interviews so

both of these instances in the US would

require you to file a specimen showing

that you're using the trademark and also

in the US when you file your trademark

application on the basis of existing use

in commerce rather than intend to use

your also need to file a specimen of use

so there are three three scenarios when

you would be required to file that one

is when you're filing a trademark based

on use the other one is when you're

filing a post allowance statement of use

if you file your trademark application

based on intent to use and your

trademark was allowed for it to be

registered you need to file a statement

of use and finally after the trademark

gets registered between the fifth and

sixth anniversary of the registration

you still need to show through the

trademarks office that you're still

actively using the trademark and you

still need to show them the statement of

use so in that statement of use you need

to show the specimen

you need to attach specimen of that

shows evidence that you are properly

using the trademark in commerce and that

requires that you understand what using

a trademark actually means so for

products the use of a product from the

trademark perspective means that you're

selling a product that's smart with a

brand or your invoicing the buyers and

the invoice has a trademark on it and if

it's an online website you need to have

a store from which thing from which your

your market can buy your product and

then come in to come in touch with and

basically touch or see the the the name

the logo that's out on whatever the

brand here you're you're trying to

trademark so the buyer needs to be able

to see that brand in connection with the

purchase or the product itself so either

I'm unpacking the product it's on the

packaging or the product itself or the

invoice or during the process of the

purchase but importantly simply having a

website above the product and

advertising is not considered proper use

in commerce for the product because

again it's not a part of the purchase

process it's part of the marketing which

is not considered proper use

contrastingly a trademark is deemed to

be used to properly use in connection

with a service if you're offering a

service during the performance of the

service or during the advertising for

that service as long as you're able

willing and ready to provide that

service to that market so unlike product

with services advertising is deemed

proper use and so if you have a website

and you put your trademark there that

will be considered proper use and so

when you are required to file that

specimen of use showing

trademarks examiner there's your

trademarks office that your trademark is

in use make sure that you supply them

with all the photographs all the scans

the invoices for the products and

screenshots for the services or if you

have or if you're not over area let's

say you're in your restaurant right go

take a photograph of where I will show

that your restaurant is still open maybe

show the menu show the invoice be

creative but make sure but make sure

that you properly understand that simply

having an idea for the brand is not good

enough by just because you registered a

domain name that you think is a great

name for the business is not good enough

it's not proper specimen it is you have

to actually offering will be offering

your products offering your services and

using the trademark in connection

therewith this is just one of many many

many many short videos where I'm

providing specific no BS answers to

commonly asked questions to your

questions about trademarks so subscribe

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