Tag Archives: specimen of use

Specimen Showing Display of a Trademark on a Door Insufficient to Show Use of a Service Mark

On February 23, 2017, in a non-precedential opinion, the TTAB affirmed a PTO refusal of Republic National LLC’s service mark based upon the failure of its specimen to demonstrate use in connection with the covered services.

Republic sought to register the REPUBLIC NATIONAL mark for a variety of real estate investment services.  As specimens, Republic National submitted two digital photographs of the front door of the facility where it provides its services. Continue reading

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TTAB Says Clinical Trial Label Sufficient Specimen for Registration

On June 18, 2015, in a non-precedential opinion, the TTAB overturned the USPTO’s refusal of registration of Eli Lilly and Co.’s application for the word mark TRULICITY for diabetes treatment based upon alleged failures in the specimens submitted.

During the registration process, Eli Lilly submitted as a specimen the label applied to goods distributed in clinical trials, as follows.

2015.06.25_TTAB_Clinical_ Trial_ Label

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