A specimen of use is a real-life sample showing how the mark is being used in commerce as a trademark. It might include a photograph of a product tag or a screenshot of a web page where a service is being sold. It cannot be a mock-up, digitally-altered image, artist’s rendering, etc. A specimen of
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The essential elements of a federal trademark application are: Completed application form; Specimen of use; and Filing fee. Depending on the circumstances, additional information or documents may be needed. For example, if you are applying to register a trademark in a foreign word or phrase, you must file an English translation of it. If your
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To qualify as a “use in commerce” for trademark purposes, a trademark must be used in a bona fide, ordinary commercial transaction. A token sale , that is, a sale that is made solely for the purpose of creating or preserving trademark rights, does not qualify as “use in commerce.” Sham transactions, such as pretended
