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Can I submit a product tag as a trademark specimen?

Photo of Igor Demcak

Written by Igor Demcak

CEO & Legal Mind

Yes, a product tag is a good choice for a specimen for physical goods if it meets the other formal requirements:

  • It must prominently include the mark so that consumers can clearly associate the mark with the product the tag is attached to.
  • The mark has to be the same version as originally filed.
  • The specimen has to be legible.
  • The tag has to be real; it can't be a mock-up or a digitally altered picture.
  • The tag has to be attached to the goods the applicant seeks protection for; for example, if you apply for a trademark for clothing, the specimen cannot show the tag attached to glasses.
  • For the specimen, it has to be clear what product the tag is attached to so the examiner can compare this to the goods list in your trademark application, i.e., the photo shouldn't be so close up that you can't discern what the product is.
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