What should I do if my trademark application receives a specimen refusal in an office action?

Photo of Tomas Orsula

Written by Tomas Orsula

Senior Trademark Attorney

If you received a trademark specimen refusal, the office action will include the suggested next steps, but generally, you'll have the following options:

  • Provide a substitute specimen and a disclaimer stating that it was used in commerce before the deadline.
  • Switch your filing basis from Use in Commerce to Intent to Use, if applicable.
  • Submit a response with a counter-argument supporting your case. We recommend seeking legal assistance for this purpose.
  • Abandon the classes where you received the refusal and progress with the others, if applicable.
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