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Is a product tag a proper specimen of use?

Photo of Jan Buza

Written by Jan Buza

Co-founder of Trama

Yes, a product tag can be a suitable specimen of use if all the formal requirements are met:

  • The tag must prominently include the mark so that consumers can clearly associate the mark with the product the tag is attached to.
  • The mark used on the tag cannot differ from the originally filed make. For example, if you apply for a trademark consisting of a visual element and a brand name, the tag cannot display only one of them.
  • The specimen has to be legible.
  • The tag has to be real; it can't be a mock-up or a digitally altered picture.
  • The tag has to be attached to the goods the applicant seeks protection for; for example, if you apply for a trademark for clothing, the specimen cannot show the tag attached to glasses.
  • For the specimen, it has to be clear what product the tag is attached to, meaning the photo shouldn't be so close up that the examiner can't identify the product.
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