TMEP 1303.01(a)(i)(C): Specimens

October 2017 Edition of the TMEP

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1303.01(a)(i)(C)    Specimens

A specimen of use for a collective trademark or collective service mark must show use of the mark by a member on the member’s goods or in the sale or advertising of the member’s services. 37 C.F.R. §2.56(b)(3).

The specimen must show use of the mark to indicate that the party providing the goods or services is a member of a certain group. For example, collective trademark specimens should show the mark used on the goods or packaging for the goods; collective service mark specimens should show the mark used in the sale, advertising, or rendering of the services.

The purpose of the mark must be to indicate that the product or service is provided by a member of a collective group. However, the specimen itself does not have to state that purpose explicitly. The examining attorney should accept the specimen if the mark is used on the specimen to indicate the source of the product or service, and there is no information in the record that is inconsistent with the applicant's averments that the mark is a collective mark owned by a collective group and used by members of the group.

See TMEP §904.07(a) regarding whether a trademark or service mark specimen shows the mark used in commerce.