Is there any difference between specimen for Use in Commerce and Intent to Use applications?

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Written by Tomas Orsula

Senior Trademark Attorney

There's no difference between specimens submitted at various points in the trademark lifecycle. All specimens must prove the (continued) use of the mark in US commerce in connection with the applied-for goods/services.

The only difference lies in the timing of when the specimen is required: for Use in Commerce applications, it's required upfront as part of the initial application, while for Intent to Use applications, it's required later when submitting the Statement of Use after receiving preliminary approval.

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