[theronin]

How exact does the specimen have to be to the image provided in the trademark application?


For example, if the image provided in the application was a happy face logo and company name like so:


HAPPY COMPANY


The description in the application reads:


"The mark consists of a stylized happy face. Next to this feature is the wording 'HAPPY COMPANY' in upper case, sans serif font."


What if the specimen I provide is a picture of a t-shirt with this logo of a happy face in the middle but HAPPY COMPANY arced over the happy face and not actually next to it?


Does the specimen have to agree word-for-word to the description and the submitted image or are the image and wording taken separately without regard to whether it is on the left side, right side, arced over it, etc.?


[edit] To be clear, the happy face in the specimen and in the image are exactly the same. The words are exactly the same. It is simply the positioning that is different.

 

[kimura-mma]

Showing the mark printed on the front of a shirt is not going to be an acceptable specimen. You need to show the mark is part of the brand of shirts, not just a decoration on the shirt. You should consider creating a hang tag or neck label featuring the mark and try to use the mark as close as possible to the description on the application.

 

[theronin]

Thank you kimura ... thats actually a distinction I had not given much thought to. But I'll be ok - the mark is all over everywhere not just as pocket badges but main image, hangtag, size label, all over the website, all over ads, etc.


My question is more on actual, physical placement of the logo vs the text. I suspect its the substance rather than the specifics in the image submitted in the application. For example, if the text were on the right rather than on the left.


Again, this is not a question about use of the mark but rather the interpretation of the image submitted in the application for the mark vs actual placement of elements within that mark. Same exact logo and text otherwise (no specific color or font other than sans serif specified in application).


Thanks again.