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Written July 16, 2019
The United States Patent & Trademark Office published a new examination guide titled, "Examination of Specimens for Use in Commerce: Digitally Created or Altered and Mockup Specimens."
The Office explained that the issue of applicants submitting specimens that are digitally created/altered, or are mockups, has resulted in the need for the USPTO to focus more attention on whether submitted specimens are real and show the mark as actually used in commerce as required by the Trademark Act. The new guidance is part of their ongoing efforts to improve the accuracy and integrity of the Trademark Register.
The Office explained that the issue of applicants submitting specimens that are digitally created/altered, or are mockups, has resulted in the need for the USPTO to focus more attention on whether submitted specimens are real and show the mark as actually used in commerce as required by the Trademark Act. The new guidance is part of their ongoing efforts to improve the accuracy and integrity of the Trademark Register.
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