Service Mark Specimen Examination Guide

This examination guide reviews the requirements for service mark specimens; discusses issues that frequently arise and explains the relevant potential refusals; addresses the common types of specimens submitted in connection with modern technology-related services; and provides examples. While the guide focuses on service marks for computer technology services in terms of discussion and examples, the stated specimen examination principles generally apply to all service mark specimens. Please leave general comments about the guide in the main section, as opposed to the child "tag" sections.

Service Mark Specimen Examination Guide

IPO Comments

Comments submitted by IPO on 7/16/2014: Intellectual Property Owners Association (IPO) thanks the United States Patent and Trademark Office (PTO) for the opportunity to provide input regarding the Draft Examination Guide for Service Mark Specimens (“Draft Guide”). We agree in large part with the Draft Guide, but have concerns that some of the language that addresses marks associated with both goods and services may result ...more »

Submitted by (@tmpolicy)

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Service Mark Specimen Examination Guide

AIPLA Comments on Service Mark Specimens

The American Intellectual Property Law Association (AIPLA) is pleased to have the opportunity to present its views with respect to the U.S. Patent and Trademark Office’s (USPTO) Draft Examination Guide concerning Service Mark Specimens which was posted to the USPTO website at http://www.uspto.gov/trademarks/notices/IdeaScale_ServiceSpecimens.jsp. AIPLA supports the USPTO’s attempt to clarify a complex area of service ...more »

Submitted by (@esheehan)

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Service Mark Specimen Examination Guide

I. C. Other Specimen Considerations and Issues

The Examination Guide states that "materials such as press releases ... are not acceptable because they do not demonstrate the required use of the mark by the applicant." (TMEP Sec. 1301.04). However, press releases are in fact issued by the applicant, and are akin to advertisements. Press releases display the mark and explain the launch of a new service; typically, the press release is issued contemporaneously with the ...more »

Submitted by (@sdouglass)

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