QUESTION

What specimens can I submit for a service based trademark?

Asked on Nov 22nd, 2011 on Patents - Florida
More details to this question:
I am about to submit a trademark for a coffee drive-thru business (a drive-thru coffee shop). I will be trademarking the business name. I am planning on filing it under retail store services. I am unsure on what specimen I need to submit to show the trademark in use. Can I submit a blank, white coffee cup with the words on the cup or can I only do this if I filed under product based? Can I submit a basic flyer with the business name on it as a specimen? What other kinds of specimens am I able to submit? Thank you very much and I'll look forward to hearing back! Thanks!
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1 ANSWER

Intellectual Property Attorney serving Miami, FL at Edam Law P.L.L.C.
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First of all you are taking a big risk by filing by yourself. For example, how do you know is a 1(a) or 1(b) basis, how do you know if you have to "disclaim" a portion of your trademark? How do you know if your mark is registrable at all? Are your registering a "good" or a "service"?, the evidence requirements are different. Did you do a search, is your trademark descriptive, (does it described the goods or services), etc. There a many questions that should be asked before you register a trademark, and this is better done by a professional. Many clients come to my office after they have done a mistake in the trademark application. Once the application has been filed, you might lose the money, time and some the errors that you commit night be irreversible. Well, assume that you have done everything right and that you have a registrable trademark, then the specimens for a "service" are: - advertising (radio, newspapers, magazines) an invoice will suffice. - flyers (a copy) - website (a printout) This will serve as proof of use in interstate commerce (cross-state boundaries) - coupons - receipts Good luck.
Answered on Nov 29th, 2011 at 12:53 PM

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