The U.S. Patent and Trademark Office recently launched a pilot program to address an increasing number
of altered or fabricated specimens submitted with use-based
trademark applications. Fake specimens can now be reported via
email to [email protected] during the
examination phase, but no later than 30 days from the date the
application publishes (i.e., the first deadline to oppose or
request an extension of time to oppose).
As background, to obtain a registration, most U.S. applicants
are required to submit proof of use of their marks, along with a
verification or declaration confirming the use under penalty of
perjury. There are exceptions, including filings based on foreign
registration or extensions of protections of international
registrations via WIPO, but applicants typically submit this proof
(commonly called specimens) with use-based applications or
post-publication for intent-to-use applications. For many products,
the owner can simply fulfill the
