
From Kimono, through #KimOhNo, to Skims: A branding nightmare for Kim Kardashian
#KimOhNo became a symbol of the backlash to Kim Kardashian’s attempt to register a trademark for her new line of shape wear, Kimono.
A specimen is a particular requirement of the USPTO, where the applicant has to prove the active status of the trademark on the US market. It is real-life evidence that the trademark is used in commerce. It shows how the trademark is presented in the marketplace with the goods or services in the application or registration maintenance filing. It is essential to show what customers see when deciding whether to buy a product or use a service, hence the visibility of the trademark.
Regarding physical goods, a specimen demonstrates how a trademark is used in trade with the existing products. A product displaying the trademark on the packaging, a label or tag attached to the goods that bear the brand, or a website where the goods may be ordered or purchased all qualify as specimens.
A specimen for services must demonstrate how the trademark has been used in connection with the current services in commerce in a way that directly links the trademark to the services. Examples include advertisements, brochures, website printouts or other promotional material, as well as business signs displayed at the location where the services are provided or even on a service vehicle. Generally, there is no need for a physical specimen, and all documents (such as screenshots, scanned copies, or photographs) should be sent electronically to the USPTO.
You can learn more about specimen in our Trademark Academy article on intent-to-use vs use-in-commerce applications.
What is the price for 2 or more trademark classes in the UK?
What colour version of the logo should I choose when registering a trademark?
Is it better to register as many trademark classes as possible?
Do I need to prove the usage of my trademark during the validity period?
Should I register my company first before trademark registration?
How much does adding a class to my UK trademark application cost?
What proof of filing do I need to submit to Amazon Brand Registry?
What requirements must a mark meet to be eligible for registration?
#KimOhNo became a symbol of the backlash to Kim Kardashian’s attempt to register a trademark for her new line of shape wear, Kimono.
Based on our years of experience in trademark registration and brand protection services, we have compiled a brief guide for an optimal trademark strategy for emerging companies.
Timing is everything, and this is especially true when it comes to trademark registration. Choosing to trademark your brand at the right time is much more important than you would think.
Our team of experienced trademark attorneys is here to help you! Simply send us an email outlining your request and we'll be happy to assist you.