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Does the date of specimen submission have to match the filing date?

Founder & Trademark Attorney

No. For use-in-commerce applications, the specimen must be submitted at filing, but it does not need to show the exact date of the application; it needs to show genuine current use. For intent-to-use applications, the specimen is submitted months after filing, once commercial use begins.

However, the specimen must show genuine use in US commerce, i.e., the mark must have been actively used in connection with the goods or services as of the time the specimen was created. A dated screenshot or photograph helps demonstrate this. So, the date on the specimen need not match the filing date, but it must confirm that the use is real and ongoing.

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