[E-trademarks] No Specimen Ever Filed for Registration

[Welch, Kat]

Weird situation that I’m wondering if anyone else has seen. A client filed their own 1(a) application about three years ago but didn’t include a specimen. Trademark Office issued an OA requesting evidence of use, but then sent a notice of publication less than 24 hours later. Application matured into a registration even though no specimen was ever submitted. Does this threaten the client’s registration? What do we even do in this situation? Call the USPTO? Wait for the Section 8 filing? Never heard of this happening to anyone before. I assume it was an administrative error but don’t want client being knocked for it.

Kat​​​​ Welch


(she/her/hers)

Attorney


HUSCH BLACKWELL


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Kat.Welch at huschblackwell.com<mailto:Kat.Welch at huschblackwell.com>

huschblackwell.com<https://huschblackwell.com/>

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