Written by Igor Demcak
CEO & Legal Mind
The time of submission of your specimen depends on the type of application you file with the USPTO.
There are two types of applications - "intent-to-use" and "use in commerce".
If you are not commercially active in the US market when submitting your application, you must choose "intent-to-use" filing. In this case, you will be asked to provide proof of use (specimen) when your application passes the examination stage. It usually takes around a year from the submission of your application. You must pay an additional $100 per class at the time of specimen submission.
If you file a "use in commerce" application, you must attach proof that you are commercially active in the US market. This means that your goods and services can be accessed/purchased by your US customers. Shipping to the US is sufficient; your company does not have to be based there. There are no additional fees when opting for the "use in commerce" filing.
Someone has raised an opposition against my trademark. What shall I do?
Are there any follow-up fees I should know about when registering a trademark?
Am I able to use the trademark symbol on our products even if the trademark is still pending?
Do I need to have a registered trademark before I start selling my goods / services?
I want to register an AU trademark in one class; how much would that cost?
Do "classes" refer to how many trademarks of one brand I want?
How much does adding a class to my US trademark application cost?
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.
