Does my specimen have to match the trademark drawing exactly?

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Written by Tomas Orsula

Senior Trademark Attorney

Yes, the mark in the specimen has to match the trademark drawing exactly. Sometimes, it might be possible to retroactively alter the drawing, but only if the differences are "not material." The addition or reordering of the individual elements of the mark usually counts as material changes.

It's very important for trademark owners to apply for a version of the mark they will actually use in the marketplace. If you've realised you won't be using that version after all, sometimes, it might be better to abandon the mark and apply for a different version from the start.

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