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Is there any difference between specimen for Use in Commerce and Intent to Use applications?

Senior Trademark Attorney

No. The requirements for a valid specimen are the same regardless of whether the application was filed on a use-in-commerce or intent-to-use basis. In both cases, the specimen must show the mark in genuine active use in US commerce in connection with the applied-for goods or services, be legible, be unaltered, and match the filed mark.

The only difference is timing: use-in-commerce applications require the specimen at filing, while intent-to-use applications require it later, through a Statement of Use after the Notice of Allowance is issued.

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