Legal Question in Intellectual Property in California

Hello, I am looking to register a standard character mark/drawing and want to upload a specimen representing the mark in use in commerce, however the mark shown on the specimen includes a different font/color with a logo at the end of the mark while the standard character mark registered with the uspto makes no claim to design, logo, etc. - Since the mark on the specimen differs in design to the standard word mark registered, is this possible grounds of refusal? Otherwise the words are both clearly seen and visible without any changes except design of font and logo. If the trademark office does refuse the specimen, will they give me an opportunity to change it?


Asked on 3/07/12, 11:51 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I would suggest that, assuming an examiner has been assigned to your application, that you contact him or her.....my guess would be that your proposed submission would be OK, but that's ONLY a guess.

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Answered on 3/08/12, 9:08 am


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