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What if my specimen doesn't precisely match the mark in my trademark application?

Founder & Trademark Attorney

The mark shown in the specimen must match the mark as originally filed. The specimen is submitted to demonstrate use of the specific mark that was examined and published ; a different version of the mark cannot satisfy that requirement.

Minor variations that do not alter the overall commercial impression of the mark may occasionally be accepted, but any change that affects the mark's distinctive elements will be refused. The USPTO calls changes to the elements of the mark "material amendments," which are not permitted after filing.

The practical implication is to file the trademark application using the version of the mark you actually use in commerce. If the mark used commercially evolves significantly from the registered version, a new application for the updated mark is advisable.

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