Trademark Owners, Watch Out! USPTO Getting Strict On Specimens

In order to register a trademark based on use in commerce, or to renew a registration based on a foreign or international registration, trademark owners are required to verify that the mark is in use in U.S. commerce with all goods or services listed in the application or registration. In addition, the mark owner must file proof of use (a "specimen") that demonstrates use of the mark in commerce in connection with at least one good or service in each International Class.

The USPTO has announced that it will be rolling out new regulations in October 2019 that will tighten proof of use requirements for electronic submissions of trademark specimens in an effort to combat the rise of fraudulent, digitally altered specimens. While the details of the new regulations have not been released, we already know the new requirements will impact two popular forms of specimens, website screenshots and packaging/labels.