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What if I don't have the trademark specimen yet?

Senior Trademark Attorney

If you do not yet have specimens because the mark has not entered US commercial use, file the application on an intent-to-use basis. This allows you to secure a priority filing date without providing a specimen at the time of filing. The specimen is submitted later, after the USPTO issues a Notice of Allowance, through a Statement of Use.

If you have filed on a use-in-commerce basis but cannot provide a compliant specimen, one option is to amend the filing basis to intent-to-use before the application is approved for publication, provided commercial use has not yet genuinely begun. This gives additional time to gather an acceptable specimen.

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