Back to Office actions

If I receive a trademark specimen refusal, does it mean I have to reprint my product, packaging or label?

Senior Trademark Attorney

Not necessarily. It depends on the specific grounds for the refusal.

If the specimen was refused because the image was illegible, blurry, or the wrong type, you can simply take a better photograph of the existing product or packaging; no reprinting required.

If the specimen was refused because the mark in the specimen does not match the filed mark, the question is whether the actual product or packaging shows the mark as filed. If it does, a better photograph resolves the issue. If the product currently shows a different version of the mark than the one filed, either a new application for the version actually in use, or a substitute specimen where the mark matches what was filed, is needed.

The office action will explain the specific reason. In most cases, reprinting is not required; a substitute specimen or a better photograph is sufficient.

Related questions

Stories of our clients: WeCodePixels

WeCodePixels has been helping entrepreneurs with web and mobile development projects since 2014. Respecting the uniqueness of each and every client, the customer-centric focus of this IT development company is reflected in the satisfaction of its numerous clients, including Global O-Ring and Seal, Orange Amps, Men’s Health, FHM, among others. No matter how small or large the project is, WeCodePixels provides tailored solutions to aid web and mobile development from the initial idea to launch.

mateus-campos-felipe-ZKJQCWsKmPs-unsplash

7 unusual and surprising trademarks people have registered

Trademark laws protect not only words and slogans, but also various shapes, sounds, and smells. With millions of trademark applications filed each year, we are seeing an influx of exceptional cases of filings for unconventional trademarks by both new and established brands. Below is a list of some of the most original and unexpected products that people have trademarked.

christina-wocintechchat-com-L85a1k-XqH8-unsplash

Amazon brand registry and trademark requirement

In May 2017, Amazon introduced its Brand Registry with the goal of enhancing the protection and performance of brands selling on Amazon. Registered trademark is one of the key requirements for enrolling in this program. This article reviews the main benefits as well as provides an overview of the trademark registration process necessary to benefit from the advantages offered as part of Amazon Brand Registry.