Back to Trademark specimen

When are specimens of trademark use submitted?

Founder & Trademark Attorney

The timing of specimen submission depends on the filing basis of the application.

For use-in-commerce applications (basis 1a): the specimen is submitted at the time of filing, since the mark is already in active US commercial use when the application is made.

For intent-to-use applications (basis 1b): the specimen is submitted later, after the USPTO issues a Notice of Allowance. The applicant then has six months to file a Statement of Use accompanied by the specimen and a fee of $150 (€150) per class, with up to five extensions available (36 months total).

After registration, specimens must also be submitted with the 5th–6th year Declaration of Use and at each 10-year renewal, confirming the mark remains in active commercial use.

Related questions

Airbnb versus Hairbnb: How trademark protects against unexpected threats

Taking a creative spin on an already established and renown brand may seem as a good strategy for devising a name for a startup company but it may backfire. This article summarises one of the contemporary cases in this area, revealing that Airbnb’s trademark protects the company against unexpected threats.

Trademark perspective on NFTs: New, Fabled and Thrilling

$40 billion estimated market value and 1,000+ fold increase in the number of trademark applications. Those are some of the breathtaking facts about non-fungible tokens (NFTs) that have captured substantial attention from the public, regulators, established brands and last but not least, IP specialists. This article presents a trademark perspective on NFTs, exploring this novel phenomenon and emerging issues.

12 good reasons for software companies to register a trademark

There is a myriad of reasons why trademark registration is of a crucial importance for software companies. This article presents a concise summary of 12 key reasons why every developer of software solutions should think about registering for a trademark.