Killeen, TX asked in Trademark for Texas

Q: If I submit a white t-shirt specimen to the Trademark Office. Can I send a different color shirt for an Office action?

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1 Lawyer Answer
Kathryn Perales
Kathryn Perales
Answered
  • Trademarks Lawyer
  • Oberlin, OH
  • Licensed in Texas

A: Maybe, but it would depend on what the rejection was and whether sending a specimen with a different item will raise new issues. If you send a specimen that is clearly a picture of a different item, there could be a question of whether the new item was in use at the date that you claimed the original item was in use. If, however, you just need to show the trademark better or more clearly, it shouldn't matter that the background of the shirt is a different color. If you're unsure, you might be able to email or talk with the trademark examiner before filing the new specimen.

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