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This Opinion Is A
Precedent Of The STAB
Mailed: August 9, 2024,
UNITED STATES PATENT AND TRADEMARK OFFICE
___
Trademark Trial and Appeal Board
___
Look Cycle International
v.
Kinsman Queue Outdoor
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What is false specimen of use?
A false specimen of use is a fraudulent representation of the use of a trademark in commerce, typically submitted to the United States Patent and Trademark Office (USPTO) to mislead the office regarding a trademark's usage.
Who is required to file false specimen of use?
Individuals or entities who submit a trademark application or maintenance documents to the USPTO may be required to file a false specimen of use if they provide misleading information regarding a trademark's actual use in commerce.
How to fill out false specimen of use?
Filling out a false specimen of use typically involves providing inaccurate representations or samples of a trademark as being used in the market, which is illegal and unethical. It should not be done.
What is the purpose of false specimen of use?
The purpose of filing a false specimen of use is often to misrepresent the commercial use of a trademark to gain or maintain trademark registration or to deceive the USPTO.
What information must be reported on false specimen of use?
Typically, a false specimen of use may contain elements like a fabricated or altered product image, misleading marketing materials, or incorrect dates of first use, which inaccurately reflect actual usage.
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