If the originally submitted specimen is altered, such that text is missing or wording is illegible, you may submit a true, unaltered copy of the originally submitted specimen that shows all text clearly and legibly. If you choose this option, you must also submit a statement from the person who submitted the original specimen that it is a true copy of what was originally submitted. This statement does not need to be verified.
See TMEP §904.07(a) for more information regarding this response option.
TEAS instructions for submitting a true, unaltered copy of the originally submitted specimen:
To respond to a nonfinal Office action, use the "Response to Office Action" (ROA) online form. To respond to a final Office action, use the TEAS "Request for Reconsideration after Final Action" online form. The instructions provided in both forms are the same. If you need technical assistance with TEAS, contact TEAS@uspto.gov.
Once you have opened the appropriate TEAS form:
(1) Answer "Yes" to form wizard questions #2.
(2) Continue on to the next portion of the form and complete steps 3-6 listed below for each relevant class for which a substitute specimen is being submitted.
(3) Under "Classification and Listing of Goods/Services/Collective Membership Organization," select the following statement, "Check here to modify the current classification number; listing of goods/services/the nature of the collective membership organization; dates of use; and/or filing basis; or to submit a substitute specimen, a foreign registration certificate, or proof of renewal of a foreign registration. If not checked, the changes will be ignored."
(4) Within the "Classification and Listing of Goods/Services/Collective Membership Organization" section, under "Specimen File," attach a jpg or pdf file of the substitute specimen by using the "Click here to Attach Specimen(s)" button. The size of your attachment may not exceed 5 megabytes per file.
(5) Describe what the specimen consists of.
(6) Select the following statement:
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application." [for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use.” [for an application based on Section 1(b) Intent-to-Use] OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use.” [for an illegible specimen]
(7) Once all relevant classes have been addressed, click the “Submit” button.