301.02(b) Specimens for Scent, Flavor, or Similar Non-Traditional Marks
A specimen for certain non-traditional marks, such as scent and flavor marks, cannot be submitted electronically. See 37 C.F.R. §2.56(d)(1); TMEP §904.03(m). For example, if the application is for a scent mark, the examining attorney must be able to smell the actual scent to determine registrability.
To submit a specimen for a scent, flavor, or similar non-traditional mark, the applicant must first submit information about the specimen online using the appropriate TEAS form and then mail in the physical specimen to the following address:
Commissioner for Trademarks
James Madison Building – East Wing
Concourse Level – 0B50
Attn: Mailroom Staff
600 Dulany Street
Alexandria,
Virginia
22314The TEAS forms have a checkbox on the "Use Information" page that must be selected to indicate that a specimen for a non-traditional mark will be submitted by mail. In these circumstances, the applicant or registrant is not required to submit a petition requesting acceptance of a specimen filed on paper or waiver of the requirement to file the specimen electronically. See 37 C.F.R. §2.56(d)(1).
This exception does not apply to sound, motion, and color marks, for which electronically filed specimens are sufficient to determine registrability. Applicants are required to submit specimens for these marks electronically. See TMEP §904.03(f), (l).