Kolcraft Enterprises, Inc. v. Graco Children's Products, Inc.
Cisco Systems, Inc. v. TQ Delta, LLC

USPTO Issues New and Stricter Trademark Specimen Review Guidelines

The ongoing issue of applicants submitting specimens that are digitally created/altered, or are mockups, has resulted in the need for the USPTO to focus more attention on whether submitted specimens are real and show the mark as actually used in commerce as required by the Trademark Act. Identifying and refusing suspicious specimens, and requiring additional information about them and the applicant’s claimed use of the mark, is important to maintaining the accuracy and integrity of the federal Trademark Register. This Examination Guide supplements existing guidance on examination of specimens to provide additional guidance regarding specimens that appear not to be in use in commerce because they are digitally created/altered or otherwise mocked up.

Download Exam Guide 03-19

 

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