The timing depends on the filing basis. A Section 1(a) application requires specimens when filed. A Section 1(b) application does not require specimens initially, but an acceptable allegation of use must be filed before registration. If some items are not yet in use, deletion, an extension or division may be appropriate, depending on the stage and circumstances.

Applications proceeding under Section 44(e), based on a qualifying foreign registration, and Madrid Section 66(a) applications may register without pre-registration specimens. A foreign priority claim under Section 44(d) alone is not a basis for completing registration without satisfying an appropriate registration basis.

After registration, specimens are generally required for Section 8 or Section 71 maintenance filings between the fifth and sixth anniversaries of US registration, at the ninth-to-tenth-year stage, and every ten years thereafter. Each retained item must satisfy the use requirement unless qualifying excusable nonuse applies. National registrations also require Section 9 renewal at the ten-year stages. Madrid international renewal is handled separately through WIPO.