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Does a specimen have to be submitted for all classes?

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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.

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