SECTION 93.62. Requirements for a Specimen

(a) Marks that include color: If a color is claimed as a feature of the mark pursuant to §93.36 of this title (relating to Color in the Mark), at least one specimen in each class in which registration of the mark is sought must be in color and the location of the colors must match the colors as described in the color location statement.

(b) Trademark specimens: An appropriate specimen for a trademark may include labels, tags, containers, or displays associated with the goods. In the case of goods for which the mark is applied by means of stamp impression or stencil, the specimen may be a representation or impression of the stamp or stencil on a piece of paper. If the nature of the goods makes placement of the mark on the goods impracticable, documents associated with the goods or sale of the goods may be submitted.

(c) Service mark specimens: An appropriate specimen for a service mark shall show the mark as actually used in the sale or advertising of the services. In the case of service marks not used in printed or written form, the Secretary of State may accept audio or video recordings in CD or DVD format, if accompanied by a written transcript of the contents.

Source Note: The provisions of this §93.62 adopted to be effective September 1, 2012, 37 TexReg 6287