USPTO Issues New Guidelines Regarding Digitally Altered Specimens

The USPTO recently issued additional guidance regarding the submission of specimens that are digitally created or altered. The USPTO published the guide in an effort to combat the increasing problem of fraudulent specimens received in connection with US trademark applications.

The guide defines digitally created, altered, and mock up specimens as images created for the purpose of showing how the mark might be used in connection with the goods or services. If the specimen appears to be digitally created, altered, or a mock up, the examining attorney must issue a refusal on the grounds that the specimen does not demonstrate actual use of the mark in commerce.

In response to the refusal, an applicant may submit a verified substitute specimen showing actual use in commerce, amend the filing basis to intent-to-use, or argue that the original specimen shows actual use in commerce.

More information about the new guidelines can be found on the USPTO website at:

https://www.uspto.gov/trademark/guides-and-manuals/trademark-examination-guides

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