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Greater Evidence of TM Use Proposed

Wednesday, September 07, 2011
By Anton Hopen

A U.S. federal trademark can only be registered and maintained provided evidence of use (specimens) are submitted to the U.S. Patent & Trademark Office (USPTO).  A typical specimen for a tangible product is a label, tag or the like.  For services, the website or a brochure.   Some trademark registrations may recitate many products but the USPTO has not previously required specimens for every product recited.  I have always considered this poor practice and renewals submitted through Smith & Hopen have included examples of use for each and every good or service recited.  While this is not a USPTO requirement (yet), it stems the risk of a claim of fraud on the Patent & Trademark Office because the trademark application/registrant claimed to be using the brand falsely.
 
The USPTO has proposed to tighten the requirements for specimens and require addition evidence of use.  For more information, see Changes in Requirements for Specimens and for Affidavits or Declarations of Continued Use or Excusable Nonuse in Trademark Cases.
 
 




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