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How can I overcome a specimen refusal?

Written by Jan Buza

Co-founder of Trama

The most reliable resolution is submitting a substitute specimen that clearly addresses the specific deficiency identified in the office action. The substitute must be a real, unaltered example of the mark in use in US commerce; a product photograph, packaging, or website screenshot; that shows the mark in direct association with the goods or services.

If your original specimen was a mockup or digitally altered image, you should resubmit a real photograph to resolve the issue. If it was illegible, replace it with a clear high-res image instead. If it did not show the goods for sale, a product page screenshot with a visible price and purchase mechanism does.

Where commercial use has not yet begun, the application can be amended from use-in-commerce to intent-to-use basis.

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