In trademark registration applications, a clear and standardized trademark specimen is one of the key factors for obtaining acceptance. However, in practice, it is quite common to receive a Trademark Registration Application Rectification Notice due to the specimen failing to meet required standards. Rectifying a trademark specimen not only consumes the applicant’s time and effort, but may also lead to the application being rejected if the rectification is not submitted within the prescribed period. This could render the trademark application invalid, causing the applicant to lose the advantage of an early filing date.

This article systematically summarizes the main types of trademark specimen rectifications and provides targeted solutions to help applicants efficiently pass the trademark formality examination.

01. Format Specification Issues:

Clarity and form requirements not met

(1) Common Scenarios

1. Low resolution: The image shows obvious jagged edges or pixelation when enlarged, making it blurry.

2. Unrecognizable elements: Poor image clarity or overly small details make parts of the specimen indistinguishable.

3. Distorted proportions: The image is either too large and overflows beyond the designated frame, or too small to be recognized.

4. Background interference: Use of complex backgrounds, watermarks, shadows, folds, skewing, stains, etc. (unless these are inherent parts of the trademark) that affect identification of the main subject.

(2) Examination Points
The trademark specimen must clearly display all details without extraneous elements unrelated to the main design. It must have the correct format and highlight the main subject. Electronic image files should be smaller than 200KB, with pixel dimensions between 400×400 and 1500×1500. If scanned, the specimen must be in 24-bit color, 300 dpi resolution, meeting the Trademark Law and its Implementation Regulations: image size between 5×5 cm and 10×10 cm, with clarity and color depth (or grayscale) consistent with the original.

(3) Solutions

1. Use professional design software to create or process high-resolution images.

2. Submit images strictly in JPG format that meet official specifications.

3. Ensure the specimen fits entirely and clearly within the designated frame in the trademark office system.

4. For white-background images, remove all unnecessary decorative or distracting elements.

5. If there are unrecognizable minor elements that are not key to identification, consider removing them.

6. For scanned images, use a professional scanner to ensure flatness, clarity, and no impurities.

02. Content Compliance Issues:

The specimen itself violates regulations

(1) Common Scenarios

1. Improper use of “trademark” indicators: Adding “TM”, “®”, “商标” (“trademark” in Chinese), “注册商标” (“registered trademark”) or similar wording/symbols in the specimen (unless inherent to the design).

2. Improper characters or foreign text: Use of misspelled words, obsolete variants, self-created characters, or incorrect foreign spellings, leading to rectification requests for proof of source.

3. Copyright/portrait rights risks: Unauthorized use of others’ copyrighted artwork, photographs, or portraits, resulting in requests to provide authorization documents.

(2) Examination Points
The specimen must not contain registration indicators like “TM” or “®”, must use standard fonts, and must not infringe the prior rights of others.

(3) Solutions

1. Avoid adding “TM”, “®” or similar non-inherent marks in the specimen.

2. Carefully check all text for correct spelling and proper form, avoiding self-created characters or missing strokes.

3. When using others’ works or portraits, obtain and submit proper authorization in advance. If computer-generated, clearly state this in the trademark description.

03. Missing or Inconsistent Elements:

The specimen does not match the declaration

(1) Common Scenarios

1. Declared elements not included:

• Declared as a color trademark but submitted in black and white.

• Declared as containing non-standard or artistic fonts but submitted in standard font.

• Declared as a three-dimensional mark but submitted only as a single flat view without multiple perspectives or renderings, making the 3D shape unclear.

• Declared as a sound mark but no musical score/audio file submitted.

• Declared as a color combination mark but without a clear arrangement of colors, or only a single-color specimen submitted.

2. Conflict between specimen and description:
   The application form contains detailed descriptions (e.g., color composition, meaning) that the specimen does not reflect or contradicts.

(2) Examination Points
The submitted specimen must accurately and fully reflect the specific form and elements of the trademark as declared in the application.

(3) Solutions

1. Cross-check the application form:
   Ensure the specimen matches the declared trademark type (color, 3D, sound, etc.) and description exactly.

2. For special types of trademarks, submit all required materials:

• Color trademarks: Submit a color specimen and specify the colors.

• 3D trademarks: Submit multiple views (front, back, top, bottom, left, right) to clearly define the 3D shape.

• Sound trademarks: Submit a musical score (staff or numbered notation) clearly indicating notes and rests, plus an audio file (e.g., MP3) meeting requirements.

• Color combination trademarks: Clearly show the arrangement (e.g., color blocks) and indicate color codes (e.g., Pantone).

3. Ensure consistency between description and specimen:
   If the application contains a description (especially for non-standard cases), the specimen must visually reflect it.

04. Other Special Notes

• Anti-counterfeiting measures: The trademark office may apply anti-counterfeiting processing (e.g., micro-text, special backgrounds). Do not imitate or add these yourself, as it may cause rectification or rejection.

• Black-and-white vs. color specimens: A black-and-white specimen means color use is unrestricted and can be varied. A color specimen requires consistent use of the declared colors. Choose according to trademark strategy.

• Pay attention to rectification notices: Upon receiving a notice, make all corrections in one submission within the 30-day deadline; late submissions are deemed abandonment of the application.

Conclusion:
A clear specimen is the cornerstone of trademark registration—one well-prepared submission is worth more than ten rushed rectifications. Before submitting, check each aspect: format (clarity, size, background, file format), content (no “trademark” wording, text correctness), and elements (matching declaration, complete materials for special types). In trademark strategy, details often define the scope of rights. By avoiding the three major pitfalls in advance, applicants can not only greatly improve efficiency but also lay a solid foundation for brand protection.