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US Trademark Application: Specimens (per Class) clarification ?

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AmyContreras

Junior Member
What is the name of your state (only U.S. law)? CA

Hello. Among other things, I manufacture metal hose fittings and am considering applying through the USPTO for a trademark in International Class 006.

I think that all these things fit a description of "Metal hose fittings; Metal joinery fittings; Bar hangers and parts and fittings therefor made of metal for electrical fixtures/housing; Bar hangers and parts and fittings therefor made of metal for lighting fixtures."

Since they all fall into the single International class, do I provide just one representative specimen (component or fitting), or do I supply one specimen each for each of the US classes that my items fall into (002, 012, 013, 014, 023, 025, 050) ?

I don't have an issue with the markings/packaging which are currently in active trade -- I just need to know if the one specimen is sufficient, or I need to attach the 7 specimens.

Thank you in advance.
 


quincy

Senior Member
What is the name of your state (only U.S. law)? CA

Hello. Among other things, I manufacture metal hose fittings and am considering applying through the USPTO for a trademark in International Class 006.

I think that all these things fit a description of "Metal hose fittings; Metal joinery fittings; Bar hangers and parts and fittings therefor made of metal for electrical fixtures/housing; Bar hangers and parts and fittings therefor made of metal for lighting fixtures."

Since they all fall into the single International class, do I provide just one representative specimen (component or fitting), or do I supply one specimen each for each of the US classes that my items fall into (002, 012, 013, 014, 023, 025, 050) ?

I don't have an issue with the markings/packaging which are currently in active trade -- I just need to know if the one specimen is sufficient, or I need to attach the 7 specimens.

Thank you in advance.
If you are registering your goods in just one class and your application is based on actual use of the mark in commerce, you need to enclose one specimen that is an actual example of the trademark being used on your goods. If you are filing electronically, you can attach a digital photograph of the specimen (but there is a limit to the size of your JPG file).

You can register your goods in many classes simultaneously, but there is an extra fee for each additional class registration.

The "International Schedule of Classes of Goods and Services," by the way, is provided so you can better identify your class but it is NOT used for classification purposes on your application. To determine the classification of your goods, you will want to refer to the "Alphabetical List of Goods and Services" at http://www.uspto.gov

The USPTO provides guidance to those filling out their applications electronically. You may want to take advantage of the help offered there, or find assistance from a trademark professional in your area, as there is an additional fee (per class) if the trademark examiner finds you did not meet requirements in filing your application.
 

quincy

Senior Member
Amy, here is a link to the USPTO with information you might find helpful - a "how to" on registering in multiple classes:

http://www.uspto.gov/trademark/laws-regulations/how-satisfy-requirements-multiple-class-application-or-multiple-class

Again, because trademark applications are costly and having the application denied due to inadvertent errors is even costlier, having your application reviewed for mistakes or omissions by a professional in your area prior to submitting the application can be wise and is advised.

Good luck.
 
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AmyContreras

Junior Member
Thank you, quincy. From your frequent posts in the forum, I can see that your unselfish advice helps many.

The USPTO provides guidance to those filling out their applications electronically. You may want to take advantage of the help offered there, or find assistance from a trademark professional in your area, as there is an additional fee (per class) if the trademark examiner finds you did not meet requirements in filing your application.
I did look, and thought that I understood, but reviewing the "Documents" tab /Specimen links from many a successful registration on TDSR allowed doubt to seep in...
 

quincy

Senior Member
Thank you, quincy. From your frequent posts in the forum, I can see that your unselfish advice helps many.



I did look, and thought that I understood, but reviewing the "Documents" tab /Specimen links from many a successful registration on TDSR allowed doubt to seep in...
I think having doubts could be a requirement of the trademark application process. :)

Thanks for the nice words, Amy. Good luck.
 

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