Can I submit a visualisation as a trademark specimen?

Photo of Tomas Orsula

Written by Tomas Orsula

Senior Trademark Attorney

No. Visualisations, renderings, and computer-generated images of products or packaging are not acceptable as trademark specimens. A specimen must demonstrate genuine use of the mark in actual US commerce, and a visualisation cannot prove that the goods are available for purchase by US consumers.

If actual commercial use has not yet begun and a compliant specimen is not available, the intent-to-use filing basis allows the specimen to be submitted later, through a Statement of Use after the Notice of Allowance. If a Statement of Use deadline is approaching and commercial use is not yet established, a six-month extension can be requested.

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