904.02(a)    Electronically Filed Specimens

In an application, allegation of use, affidavit of use under 15 U.S.C. §1058  or §1141k  of the Trademark Act (§8 affidavit or §71 affidavit), or response to an Office action, the specimens must generally be submitted through the Trademark Electronic Application System (TEAS) in a file format designated as acceptable by the USPTO. See 37 C.F.R. §§2.56(d), 2.161(g), 7.37(g).  See TMEP §904.03(d) regarding specimens submitted in electronic and digital media and §904.03(f) regarding specimens for sound marks. If the nature of the specimen is unclear, the applicant should describe what it is and how it is used.  

Sometimes, although the submission indicates that a specimen is included, the specimen is not visible in the record due to a technical problem that occurred during its submission.  In this situation, the examining attorney should first send an email to the TEAS@uspto.gov mailbox to ask whether the problem can be fixed by uploading the file again.  If it cannot, the examining attorney must request that the applicant submit:  (1) the same specimen (or a true copy) that was attached to the original TEAS submission; and (2) a statement by the person who transmitted the original TEAS submission that the specimen being submitted is a true copy of the specimen originally filed through TEAS.  This statement does not have to be verified.  Alternatively, the applicant may submit a different specimen from that initially filed, together with an affidavit or declaration of use of the substitute specimen.  See TMEP §904.05 regarding the requirements for an affidavit or declaration supporting use of substitute specimens.

Exceptions to the Requirement to Submit Specimens through TEAS. Specimens must be submitted electronically through TEAS unless:

37 C.F.R. §§2.56(d).

See TMEP §301.02(c) regarding exempt filers under 37 C.F.R. §2.23  and §301.02(e) and §1709 regarding petitions to the Director under 37 C.F.R. §2.147  to accept paper submissions.