Does my specimen have to match the trademark drawing exactly?

Photo of Tomas Orsula

Written by Tomas Orsula

Senior Trademark Attorney

Yes. The mark depicted in the specimen must match the trademark drawing as filed. The specimen proves that the mark examined and published by the USPTO is the mark actually in use in commerce; a different version does not satisfy that proof.

Minor, non-material differences are occasionally accepted by the examiner, but changes that affect the overall impression of the mark, such as reordering elements, adding or removing components, are considered material and will be refused. Filing the application with the version of the mark actually in use eliminates this issue entirely.

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