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What happens if my specimen of use is not accepted?

Founder & Trademark Attorney

If the USPTO refuses a specimen, it issues an office action explaining the grounds for refusal and giving the applicant a set window to respond. The response can include a substitute specimen that addresses the specific deficiencies identified.

Alternatively, if the refusal is because commercial use has not yet begun, the applicant can amend the filing basis from use-in-commerce to intent-to-use and submit the specimen at a later stage through a Statement of Use.

If the applicant does not agree with the refusal, an appeal to the Trademark Trial and Appeal Board (TTAB) is available.

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