Back to Trademark specimen

What if I want a trademark for a future business idea and don't have any specimens?

Written by Jan Buza

Co-founder of Trama

File on an intent-to-use basis. This is exactly the filing route available when a mark has not yet entered US commerce but the applicant has a genuine intention to use it there. No specimen is required at filing; it is submitted later through a Statement of Use once commercial activity begins.

The intent-to-use application secures your priority date immediately. You then have up to 36 months from the Notice of Allowance date (with extensions) to begin US commercial use and submit the specimen.

Related questions

Perceived similarity of trademarks: Lessons from Starbucks trademark disputes

One of the most common reasons for trademark disputes has to do with the perceived similarity between existing trademarks. The two trademarks are considered “similar” if they share common characteristics connected to their appearance, sound, meaning and commercial impression, and if they are used for related goods or services. This is seen as a problem from brand perspective because the consumers might believe that the owners of the two trademarks are related, affiliated, connected, or that the goods or services originate from the same source.

Airbnb versus Hairbnb: How trademark protects against unexpected threats

Taking a creative spin on an already established and renown brand may seem as a good strategy for devising a name for a startup company but it may backfire. This article summarises one of the contemporary cases in this area, revealing that Airbnb’s trademark protects the company against unexpected threats.

Brand protection advice for the gaming industry: Why, what, where, when & how to register a trademark

Global market value of the gaming industry is estimated at $203 billion and is expected to increase up to $545.98 billion by 2028 [1]. Nearly two thirds of all adolescents and adults admit playing video games on at least one platform [2]. Thought-provoking insights in this article highlight the crucial role of brand protection through trademark registration in order to amplify the success of game developers!