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What is a specimen refusal?

Written by Jan Buza

Co-founder of Trama

A specimen refusal is issued when the USPTO determines the specimen submitted with a trademark application does not adequately demonstrate that the mark is in genuine use in US commerce in connection with the goods or services listed in the application.

The specimen is required to prove that the mark functions as a source identifier in the marketplace; not just that the mark exists, but that consumers encounter it in connection with the actual goods or services. Common grounds for specimen refusal include: the image is illegible, appears to be digitally altered or a mockup, does not show the mark in direct association with the goods or services, or the mark in the specimen does not match the filed mark.

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