A trademark specimen is a real example showing how consumers encounter the mark in commerce for the goods or services listed in the application. Acceptable specimens often include product labels, packaging, point-of-sale displays, service advertisements, or webpages. Mockups, printer’s proofs, and digitally altered images generally do not qualify.
The right specimen depends on whether the application covers goods or services. It must show the same mark presented in the application and connect that mark with the listed offering.
Specimens for goods
For goods, the specimen should show the mark placed on the goods, their containers, labels, tags, packaging, or a qualifying display associated with the goods. Advertising alone usually does not show trademark use for goods.
- A photograph of the mark on the product.
- A label or tag attached to the product.
- Packaging that displays the mark and contains the goods.
- A webpage display that shows the mark near the goods and provides information needed to order them.
Specimens for services
For services, a specimen may show the mark in advertising, marketing material, or the rendering of the service. It must create a direct association between the mark and the identified services. A logo by itself, without wording or context explaining the service, may be insufficient.
- A website describing the services under the mark.
- A brochure or advertisement naming the services.
- Signage used where the services are performed.
- A screenshot from software through which the applicant performs the identified service, when the context shows the service relationship.
- Physical goods: Often useful specimen: Product, tag, label, or packaging Frequent problem: Advertising that does not show point-of-sale use
- Online retail services: Often useful specimen: Store webpage showing the mark and retail service Frequent problem: Product page that identifies only a third-party product
- Consulting services: Often useful specimen: Website or brochure connecting the mark to consulting Frequent problem: Logo without any description of the service
- Downloadable software: Often useful specimen: Download screen or software display showing the mark Frequent problem: Website describing software that cannot be downloaded or ordered
Webpage specimens need a URL and date
The USPTO requires a webpage specimen to include the webpage URL and the date it was accessed or printed. The information may appear on the capture itself or in the designated fields of the filing form. A cropped screenshot can lose the context needed to show the mark, the offering, or ordering information.
Practical tip: Save the full webpage capture, its URL, and the access date together. Preserve an unedited original in case the USPTO questions what the page showed on the relevant date.
What the USPTO commonly rejects
- A mockup, rendering, or digitally placed mark.
- A draft website or packaging proof showing intended future use.
- A business card that does not connect the mark with the identified services.
- Social media or press coverage created by someone else.
- A specimen that shows a materially different mark from the application drawing.
- A webpage missing the URL and access or print date.
- Use involving goods or services different from those listed in the application.
The USPTO’s specimen guidance includes current examples and response options. A substitute specimen submitted after a refusal may need verification that it was in use by the applicable deadline. Creating new evidence after that deadline may not solve the problem.
When a specimen is required
A use-based application generally includes a specimen for each class. An intent-to-use application does not require a specimen at filing, but an acceptable specimen must accompany the later allegation of use. One specimen per class is the general minimum, although the examining attorney can request more evidence and the specimen must support the claimed use.
The evidence should match the claimed use in commerce. If use has not begun, consider whether an intent-to-use basis fits the facts instead of creating a mockup.
Review before submitting
- Confirm that the specimen is genuine and was used by the applicant.
- Match it to the correct class and listed goods or services.
- Confirm that consumers would perceive the mark as identifying source.
- Compare the mark on the specimen with the application drawing.
- For webpages, record the complete URL and access or print date.
- Keep the original file and supporting records.