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Thomas McJD
Thomas McJD, Attorney
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I am trying Service mark my Company Name. It says Describe

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I am trying Service mark my Company Name. It says Describe what the specimen submitted consists of: Enter, e.g., "scanned/ digitally photographed tags or labels" or "scanned/digitally photographed instruction manuals; containers; point of purchase displays." Can I upload image of business card with the name of the company?


 


 


 


Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the  applicant's related company or licensee is using the mark in commerce, or the applicant's predecessor in interest  used the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. §1051(a),  as amended. Applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in  connection with any item in the class of listed goods and/or services, regardless of whether the mark itself is in  the standard character format or is a stylized or design mark. The specimen image file may be in color, and the  image must be in color if color is being claimed as a feature of the mark.
NOTE: For an instructional video on what is an appropriate  specimen for a good or service, click here." NOTE: For attachment, the JPG/PDF image file(s) or sound/motion file(s) showing the specimen(s) must be on your local drive. The specimen  file must show the overall context of how the mark is used, e.g., on the packaging for the goods  or in an advertisement for services, with the mark clearly displayed thereon or within. This  file should NOT be either (1) the same file used in the mark section; or (2) a newly-created file that nonetheless shows only the mark by itself. (Reminder: Within the earlier mark section, if you attached an image file for a stylized/design  mark or a sound/motion file, you must ensure that it only shows the mark by itself, and does not display anything that would not truly be  considered part of the actual mark, e.g., a scan of a complete business card would not be an acceptable mark image,  although it may be an acceptable specimen).


 


TMcJD :

Hi, I will be happy to assist you, and it is my goal to make you a very satisfied customer! This may take a few minutes, so thanks for your patience.

TMcJD :

You would want to upload only the image that is the service mark, not the whole card, as the whole card is not the service mark. But, yes, if you can upload an image to the application, then you would upload the image of the business name, preserving any special font used, color, additional graphics that accompany your business name, etc. (all the things that make it a unique mark). However, as I'm looking at the application, it wants a written description of the mark and notes not to staple or glue a specimen to the application. It then asks for you to submit three examples of the mark with the application (but not stapled or glued to the application).

TMcJD :

I see you're offline. Once you review your answer just let me know if you need additional assistance. Thanks.

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