Changes to the Requirements for Specimens of Trademark Use

by Michael Goltry, Registered Patent Attorney (480-991-3537; mg@pgpct.com)

A Final Rule issued by the USPTO making electronic filing mandatory for trademark submissions and amending the requirements for acceptable specimens of use is now in effect.

Commencing on February 15, 2020, trademark applicants and registrants will be required to:

-File their trademark applications and documents concerning trademark applications and registrations online using the USPTO’s Trademark Electronic Application System (TEAS).

-Provide and maintain an accurate email address for receiving correspondence from the USPTO about their particular application or registration.

-Provide and maintain an accurate postal address to ensure that the USPTO can contact them if their email correspondence address doesn’t work.

The Final Rule makes two major amendments to the requirements for submitting a specimen of use under 37 CFR § 2.56:

1. Website screenshots must show the full URL of the web page on which the goods are offered for sale or the services are advertised and described and include the date of the screenshot.

2. Product packing specimens must now include an image or description of the goods being sold either on the product packing or in addition to the product packing. If the trademark appears on plain packaging, the goods or a picture of the goods must be shown next to the packaging. In addition, hangtags and product labels must be shown affixed directly to the goods.

Here is a link to the Final Rule.

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