An applicant filed a trademark registration online. Because the uploaded trademark specimen bore a watermarked border exported from design software and the image resolution was so low that the text was blurred, CNIPA issued a correction notice requiring a compliant specimen to be resubmitted within a time limit. The applicant produced a standard specimen and submitted the corrections within the deadline, after which the application was accepted—but overall progress was delayed by about one month.
Reconstruction of the Situation
The applicant was a restaurant brand whose trademark was a word-and-device composite mark. The designer delivered a "mock-up image" with presentation effects: the specimen was surrounded by a decorative border, a line of small promotional text was attached at the bottom, and the image itself was a screenshot from the design draft, with visibly blurred text edges when enlarged. The applicant uploaded it without any processing. During formality examination, CNIPA found that the specimen did not meet the requirements of being "clear, complete, and free of content unrelated to the trademark," and issued a correction notice requiring a clear trademark specimen and the removal of the unrelated border and promotional text.
Problem Analysis
This case involves three typical specimen non-compliance issues:
- Containing irrelevant elements: borders and promotional slogans are not part of the trademark; mixing them into the specimen makes the scope of protection unclear. The trademark specimen must contain only the subject matter to be registered.
- Insufficient clarity: the specimen is the benchmark for examination, publication, rights confirmation, and subsequent enforcement; a blurred specimen cannot serve as a basis for rights.
- Screenshots instead of proper exports: taking screenshots directly from design software or mock-up renderings is a common cause of insufficient clarity; a proper export from the original file should be used.
Outcome
Within the correction period, the applicant re-exported a high-resolution JPG specimen from the vector source file (with length and width within the 5–10 cm specification), removed the border and promotional text, and uploaded it. CNIPA confirmed the corrections were satisfactory and accepted the application. Apart from the time delay, the filing date and application number were unaffected.
Lessons Learned
- Perform a "three-check" review before submitting a specimen: check clarity (zoom in on the edges), check for irrelevant elements (borders, watermarks, QR codes, promotional slogans, "®" marks), and check specifications (5–10 cm, JPG format).
- Define the "registration-use image" standard at the designer delivery stage: white background, no decoration, vector source file plus high-resolution export.
- The layout of a composite mark is fixed at the time of application; finalize the specimen before filing, and never rush to file with a temporary draft.
- There is no need to panic upon receiving a correction notice: rectify each item as required and submit within the deadline; corrections do not affect the filing date. However, failure to correct in time is deemed abandonment of the application.
Similar High-Frequency Situations
- A color specimen declared as black-and-white (or vice versa), contradicting the trademark description.
- The specimen contains foreign text whose meaning is not explained in the trademark description.
- A portrait specimen filed without an authorization statement. These situations likewise trigger corrections and can be avoided by checking against the specification checklist before submission.
If you need the process above handled on your behalf, you can book the self-service registration service with a CNIPA-recorded agent on MyTMBee, with full assistance from material preparation to filing follow-up.