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

Photo of Igor Demcak

Written by Igor Demcak

CEO & Legal Mind

When applying for a trademark, the USPTO will assess the mark and publish it for opposition. If the specimen shows a different version of the mark, it can't prove the use of commerce for the mark that just underwent the examination/opposition proceedings. For this reason, the mark shown in the specimen cannot differ from the originally submitted mark.

Sometimes, the examiner might permit you to adjust the original mark, but that happens rarely. If you can't provide a substitute specimen showing the same version of the mark, you can ask for an extension for your intent-to-use application. However, if you know you won't be actually using the original version in commerce after all, it might be better to abandon the original mark and file a new trademark application.

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