The US Patent and Trademark Office (PTO) just announced a pilot program designed to fight the filing of fraudulent specimens with trademark applications.
In this context, a “specimen” is a “real-life sample” of how a trademark is used in the marketplace. In other words, it’s what consumers see when they’re actually buying goods and services. For example, the mark might appear on product packaging or on a website. Digitally altered specimens, printer’s proofs, or other mock-ups are not acceptable specimens.
The PTO’s new program allows people to report improper specimens by email. That is, people can email the PTO about applications if they are suspicious that the items submitted as specimens are not actually being used.
Emails, which should be sent to TMSpecimenProtest@uspto.gov, must include either objective evidence of third party use of the identical image without the mark in question, or the prior registration or serial numbers of applications in which the identical images bearing different marks have been submitted as specimens.
If the PTO finds that the specimen was not a “real life sample,” the application could be denied due to fraud in procuring or maintaining a trademark registration. This occurs when an applicant or registrant makes false, material representations of fact in connection with a trademark application or registration with the intent to deceive the PTO.
More information about the pilot program is available on the PTO’s website.
Please feel free to contact us if you have any questions about protecting your trademarks or any concerns about applications filed by your competitors.
