1104.10(b)(v)   Specimen

An amendment to allege use must include a specimen for each class of goods/services. The examining attorney must review the specimen for compliance with all relevant requirements. See TMEP §§904.03–904.03(m) regarding material that is appropriate as a trademark specimen, TMEP §§1301.04 et seq. regarding material that is appropriate as a service mark specimen, and TMEP §§1202–1202.17(e)(vi) and 1301.02–1301.02(f) regarding use as a mark.

If the applicant submits a substitute specimen in conjunction with an amendment to allege use, the applicant must verify that the applicant used the substitute specimen in commerce on or in connection with the goods/services prior to filing the amendment to allege use. Similarly, if the applicant submits an additional specimen in support of a multiple-class application that is not identical to the specimen originally filed, the applicant must verify that the applicant used the new specimen in commerce on or in connection with the goods/services prior to filing the amendment to allege use. See TMEP §904.05 regarding affidavit supporting substitute specimens.

If, in fact, the mark was first used on dates other than those asserted in the amendment to allege use, the dates of use must be corrected. 37 C.F.R. §2.71(c). See TMEP §§903.04 and 1104.10(b)(iv) regarding amendment of the dates of use.

If the amendment to allege use is filed through TEAS, the specimen must be a digitized image in .jpg or .pdf format. 37 C.F.R. §2.56(d)(4). See TMEP §904.02(a) for additional information about electronically filed specimens.