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Can the USPTO reject my specimen?

Written by Jan Buza

Co-founder of Trama

Yes. The USPTO will reject a specimen that fails to meet its requirements. The most common grounds are: the mark shown does not match the filed mark, the image is a mockup or has been digitally altered, the connection between the mark and the applied-for goods or services is not clear, or the specimen is an advertising material submitted for goods (which is not acceptable).

A rejected specimen triggers an office action. The applicant can respond by submitting a substitute specimen that resolves the identified issues, within the response deadline.

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