Astoria, NY asked in Trademark for New York

Q: Would it further enhance my Trademark application to submit multiple specimens? My services are all in the same class.

Would it further enhance my application to submit multiple specimens proving actual use of the mark? I have 5 services listed that are under the same class (009). The specimens would be screenshots, and I intended to attach the same 3 or 4 specimens to each service listed.

Is that overkill or does the Trademark office like that?

Thanks!

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2 Lawyer Answers
Evelyn Suero
Evelyn Suero
Answered
  • Trademarks Lawyer
  • Miami, FL

A: According to USPTO guidelines, when you are required to submit a specimen, you must submit one specimen for each class of goods or services in your application or registration maintenance filing.  Since you may later be asked to submit additional specimens to properly examine your application or registration maintenance filing, you can hold on to the other specimens. Note that the type of specimen accepted depends on whether mark is being used for goods or services, etc. Review these requirements with an attorney to avoid delays or rejections.

Barbara Berschler
Barbara Berschler
Answered
  • Trademarks Lawyer
  • Rockville, MD

A: I often submit more than one specimen so that if for some reason, one is not adequate, another one will meet the examiner's reviewing requirements. You do not need to attach many, but two or three would be fine. Also, as you have 5 different things you are selling, even if they all come under Class 9, it could further establish that all of your items are covered. If they are good, you want to show specimens that show the mark with the goods and the ability of a consumer to buy the item. If you have further questions, it would be good to consult with a trademark attorney.

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