Written by Tomas Orsula
Senior Trademark Attorney
Yes, in the United States, a specimen of use is required for each class of goods or services for which a trademark application is filed. The specimen serves as evidence of how the trademark is actually being used in commerce and, therefore, must show the mark as it appears on the goods or services in question. Failure to submit a proper specimen for given classes can result in the USPTO's refusal or cancellation of the trademark registration.
If your trademark is not active in the US market yet, you can file with an "intent to use" and submit the specimen at a later date, typically within 12 months after filing. The USPTO will notify you or your legal representative once your "intent-to-use" application passes the examination stage and the specimens are due.
I want to register an US trademark in one class; how much would that cost?
Should I register both the name and the logo as a trademark?
After filing a trademark in one country, can I file the same trademark in another?
Is there a price difference when filing wordmark vs figurative mark?
What can differentiate my trademark from a very similar trademark?
Does an EU trademark have to be used in commerce before registration?
What is the price of an additional trademark class in the UK?
Satirical adaptations of well-known brands have become a common thing and profitable market for many lesser-known companies. Besides being an effective mean to attract more customers, parody products can also be a good defence against trademark lawsuits, as in many cases, brand owners have limited options to enforce their rights against satirical adaptations.
According to the Growth Trend Analysis and Forecast Report by MarketDecipher, the sports memorabilia market size will be US$26 billion in 2021, with NFT sports collectables currently estimated at US$1.4 billion, which is estimated to double its market size at a 100% growth rate and reach 2.6 billion in 2022. As a result, many professional NBA athletes such as Kevin Durant and King James LeBron are not missing an opportunity to further develop their personal brands by offering fans new ways to connect with them through ownership of unique digital assets.
People all over the world are using smartphones and tablets. As mobile app usage grows in popularity, the number of app downloads worldwide increases as well. The global mobile application market size was estimated at USD 187.58 billion in 2021 and is expected to reach USD 206.73 billion in 2022[1]. The trend shows that more and more people prefer to use mobile devices over the traditional system, which means more businesses are transitioning their services to mobile-first software solutions. Trademark registration offers an effective mechanism for protecting the uniqueness of this vital asset of any business, including mobile apps.
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