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Trademark Protection

When do I file the specimen?

If your application is based on use in commerce, you must submit one specimen for each class of goods and/or services with your application.

If your application is based on intent to use, you must submit one specimen for each class of goods and/or services when you file an allegation of use. The allegation of use may be filed either before publication (called an Amendment to Allege Use) or after publication (called a Statement of Use). For more information on publication, see the “PUBLICATION FOR OPPOSITION” section on page 27. For more on the Allegation of Use, see the ““HOW TO ESTABLISH USE OF THE MARK FOR AN “INTENT-TO-USE” APPLICATION” section on page 28.

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