Can a trademark specimen get rejected?

Photo of Tomas Orsula

Written by Tomas Orsula

Senior Trademark Attorney

Yes. The USPTO will reject a specimen that does not meet its requirements. Common reasons for rejection include: the mark on the specimen does not match the filed mark, the specimen is a mockup or digitally altered image, the specimen does not clearly show the goods for sale or the services being offered, or the mark is not legibly displayed.

If a specimen is rejected, the USPTO issues an office action identifying the reasons. The applicant then has a set window to submit a substitute specimen that addresses the deficiencies.

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