Trade Or Service Mark Application Form 901 Page 4
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9Item 9
List the manner in which the mark is used or communicated to the consuming public, such as
tags or labels attached to goods; or newspapers, brochures or signs advertising services. If the
application is for more than one (1) class, list the manner in which the mark is used in each
class.
Item 10
Specimen. Three (3) specimens supporting the goods/services described in Item 7 and
supporting the manner in which the mark is used in Item 9 must be attached to the
application. In Item 10, check the box for each type of specimen included. Include at least
one (1) specimen for each class. If color is claimed as a feature of the mark, include at least
one specimen showing the mark in color.
Appropriate Specimens (samples of use)
Trademarks: Acceptable specimens include actual labels or tags affixed to, or containers
used with, the goods. A photograph of an actual display that appears in immediate proximity
to the goods (“point-of-sale” display) is also an acceptable specimen. Brochures that
advertise the product are not sufficient.
Service marks: Acceptable specimens include actual materials used in selling or advertising
the services, such as menus, newspaper advertisements, coupons and the like. To serve as
specimens, advertising materials (including letterhead or business cards) must contain some
understandable reference to the services described in the application.
Drawing: Include the mark exactly as it appears in the samples of use accompanying the application
and exactly as it is described in Item 5 of the application. Do not include other words that are
not part of the mark.
If the mark consists only of a word, letter or numeral, or a combination thereof, and is not
depicted in a special form, type or print the mark in capital letters on the drawing sheet. If the
mark is not only words, letters or numerals, or a combination thereof, and also includes a
design, the entire design must appear on the drawing sheet.
If the mark includes a color claim, it may either appear in color or black and white. If the
mark appears in color, it must match the color(s) described in the color statement.
The drawing must depict only one mark, and the drawing must fit within the 3.15 inches by
3.15 inches drawing box. The drawing must be an exact reproduction of the mark sought to
be registered. If desired, the drawing may be taped to the drawing sheet.
A black and white reproduction of the mark in the drawing box will appear on the
certificate issued, so an electronic reproduction of the mark is recommended.
Signature: The registrant named in Item 1 must sign and date the application. An application made by a
business entity must be signed by an authorized person. The application must be signed and
verified before a notary public or other person authorized to administer oaths and should not
be executed before the date of first use of the mark.
Before signing, carefully review the application. An application or registration procured by
fraud is subject to cancellation pursuant to Chapter 16, Business & Commerce Code.
Form 901
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Parent category: Business