If my specimen of use gets dismissed, can I submit another?

Photo of Jan Buza

Written by Jan Buza

Co-founder of Trama

Yes. If the USPTO refuses a specimen, it issues an office action identifying the specific deficiencies. The applicant can respond by submitting a substitute specimen that addresses those deficiencies, within the deadline set by the office action.

The substitute specimen must show the mark in genuine use in US commerce and must meet all requirements. Submitting the same type of specimen with the same deficiencies is unlikely to succeed; use the office action's reasoning to understand exactly what is missing and address it directly in the replacement.

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