Legal Question in Intellectual Property in California

Hello,

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!


Asked on 11/22/11, 3:48 pm

2 Answers from Attorneys
Richard Jefferson M.E.T.A.L. LAW GROUP, LLP

You need to submit a specimen that corresponds to your trademark description. If the flyer supports your description then that may be acceptable, but you probably want to submit at least 3 different items.

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Answered on 11/22/11, 3:56 pm
Clifford Hyra Hyra IP, PLC

Any advertisement for your services that includes your trademark will suffice- you do not need to submit 3 different items. That said, in order to claim use your business must be open now- you cannot just send a flyer that you plan to use after you open your business in the future.

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Answered on 11/23/11, 6:14 am


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