If my specimen of use gets dismissed, can I submit another?

Photo of Jan Buza

Written by Jan Buza

Co-founder of Trama

If the United States Patent and Trademark Office (USPTO) dismisses your specimen of use as insufficient to demonstrate use in commerce, you typically have an opportunity to submit another specimen. The USPTO may issue an Office Action specifying the deficiencies or reasons for the dismissal and provide you with an opportunity to respond.

In your response to the Office Action, you can submit a new or revised specimen that addresses the USPTO's concerns. It is important to carefully review the reasons for the dismissal and make sure the new specimen meets the USPTO's requirements for acceptable evidence of use in commerce.

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