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ARTICLE · 12 NOVEMBER 2020

New USPTO Guidance On Digital Specimens And Generic.com Marks

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The USPTO recently issued additional guidance regarding submission of digital specimens of use as well as rejections of generic.com marks.

United StatesIntellectual Property
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
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The USPTO recently issued additional guidance regarding submission of digital specimens of use as well as rejections of generic.com marks.

Examination of Specimens for Use in Commerce: Digitally Created/Altered or Mockup Specimens

Examination Guide 3-19, originally released in July 2019, aimed to address the issue of fake specimens – that is, specimens that are actually digitally created/altered or mockups and do not evidence actual use of the mark on goods sold or transported in commerce or in connection with services actually rendered in commerce.  To identify fake specimens, the USPTO looks for over a dozen of characteristics that may indicate the specimen was created for the sole purpose of registering the mark, such as pixilation around the mark, a screenshot of a website without a URL or browser tab, a superimposed mark, or a digital rendering of products.

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