What is the "Drawing Does Not Match Specimen" refusal?

Photo of Tomas Orsula

Written by Tomas Orsula

Senior Trademark Attorney

A drawing does not match specimen refusal is issued when the mark as shown in the submitted specimen differs from the mark as originally filed in the trademark application. The specimen must demonstrate use of the specific mark that was examined; a different version does not satisfy that requirement.

Common causes include using a different color version of the mark, adding or removing elements from the logo since filing, or submitting a specimen showing a stylized version of a name filed as a wordmark.

The resolution depends on the nature of the discrepancy. If the specimen shows a minor variation that does not alter the overall impression of the mark, an argument can sometimes be made. If the discrepancy is substantial, a substitute specimen showing the mark as filed must be submitted. If the mark in actual use genuinely differs from the filed mark, a new application for the version actually in use is advisable.

Advice icon

Haven't found what you are looking for?

Our team of experienced trademark attorneys is here to help you! Simply send us an email outlining your request and we'll be happy to assist you.