Can I apply for a trademark if I don't have a specimen?

Photo of Tomas Orsula

Written by Tomas Orsula

Senior Trademark Attorney

Yes. Filing on an intent-to-use basis allows you to submit the trademark application without a specimen if the mark is not yet in US commercial use. The specimen is required later, after the USPTO issues a Notice of Allowance, through a Statement of Use filing.

Most other jurisdictions do not require a specimen at any stage; the US is the primary jurisdiction where specimen submission is a formal requirement of the registration process.

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