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Trademark Specimens Guide
A Guide to UPSTO Trademark Specimens: Requirements and Best Practices
Complete Guide to USPTO Trademark Specimens: Requirements and Best Practices
Everything you need to know about preparing and submitting acceptable trademark specimens to the United States Patent and Trademark Office
What is a Trademark Specimen?
A trademark specimen is evidence that demonstrates how you're actually using your trademark in commerce in connection with your goods or services. The USPTO requires specimens to ensure that the mark is being used as a source identifier and not merely as decorative or informational content.
This guide will help you understand what makes an acceptable specimen, how to prepare and submit it correctly, and how to avoid common rejection reasons.
Types of Trademark Specimens Accepted by the USPTO
Different types of specimens are required depending on whether you're registering a trademark for goods or services. Understanding this distinction is crucial for a successful application:
For Goods (Products)
Specimens for goods must show the mark as it appears on the product, its packaging, or displays associated with the goods. Acceptable specimens include:
- Labels or tags attached to the goods
- Product packaging showing the mark
- Product displays where the goods are sold
- Catalog pages or website screenshots clearly showing the mark in connection with the goods
Example - Goods Specimen
For a clothing brand named "ALTIUS," acceptable specimens could include:
- A tag attached to a shirt with the ALTIUS logo
- A screenshot of an online store showing ALTIUS shirts for sale with the price
- Product packaging showing the ALTIUS name and containing the clothing items
For Services
Specimens for services must show the mark as it's used in providing or advertising the services. Acceptable specimens include:
- Brochures or flyers advertising the services
- Website screenshots showing the services being offered
- Signage where the services are rendered
- Advertisements for the services
Example - Services Specimen
For a consulting service named "PINNACLE ADVISORS," acceptable specimens could include:
- A screenshot of the company website showing the PINNACLE ADVISORS name along with a description of consulting services offered
- A brochure advertising PINNACLE ADVISORS consulting services
- A photo of office signage where PINNACLE ADVISORS services are provided
Requirements for Acceptable Specimens
For Goods (Products)
An acceptable specimen for goods must:
- Show the mark as it appears on the actual goods or their packaging/containers
- Show a direct association between the mark and the goods
- Display the mark in a manner that indicates source (not merely decorative use)
- For website specimens: show the mark near the product with ordering information (e.g., "Add to Cart" button, price, etc.)
Best Practice for Goods Specimens
When submitting a website screenshot as a specimen for goods:
- Ensure the screenshot shows the product with the trademark clearly visible
- Include the URL and date in the screenshot
- Make sure the screenshot shows purchasing information (price, "Buy Now" button, etc.)
- Ensure the product is clearly identified and matches your trademark application goods description
For Services
An acceptable specimen for services must:
- Show the mark as used in the sale, rendering, or advertising of the services
- Show a direct association between the mark and the services being offered
- Specifically reference the services claimed in the application
- For website specimens: clearly describe the services offered under the mark
Best Practice for Services Specimens
When submitting a marketing brochure or website screenshot for services:
- Ensure the specimen explicitly mentions the services you're claiming
- Make sure the mark is prominently displayed in connection with the services
- Include contact information or a way for customers to request/purchase the services
- For websites, include the URL and date of access
Common Specimen Mistakes and How to Avoid Them
For Goods
Common Rejection Reasons
- Ornamental use: The mark appears to be merely decorative or ornamental on the product rather than identifying the source.
- Advertising materials: Advertisements alone are generally not acceptable specimens for goods.
- Insufficient website specimens: Website screenshots without purchasing information or that don't show the mark in association with the goods.
- Mock-ups or digitally created images: The specimen doesn't show actual use in commerce.
For Services
Common Rejection Reasons
- No reference to services: The specimen doesn't clearly reference the specific services claimed in the application.
- Mere contact information: Business cards or letterhead showing only the mark and contact information without referencing services.
- Social media pages: That don't clearly describe the services offered under the mark.
- Materials still in development: "Coming soon" or "Under construction" pages aren't evidence of use in commerce.
Specimen Examples by Category
| Type of Registration | Examples of Acceptable Specimens | Examples of Unacceptable Specimens |
|---|---|---|
| Clothing |
• Hang tags or labels sewn into garments • Website screenshots showing clothing for sale with the mark and purchase options • Product packaging with the mark |
• The mark appearing as a large graphic design on the front of a t-shirt (considered ornamental) • Invoices that don't show the mark • Design sketches or prototypes |
| Software |
• Screenshots of the software's title screen or about page showing the mark • App store listing showing the mark with download option • Software packaging showing the mark |
• Patent or copyright registrations • Code snippets • Development documentation without the mark |
| Professional Services |
• Website pages describing services offered under the mark • Brochures or promotional materials advertising specific services • Service agreements showing the mark and services |
• Business cards showing only name and contact info • Domain name registration documents • Social media profile without service description |
| Food and Beverages |
• Product labels showing the mark • Packaging photos showing the mark • Menu listings with the mark and prices |
• Recipes • Advertising without purchasing information • Concept art or renderings |
Special Considerations for E-Commerce
As more businesses operate online, e-commerce specimens have become increasingly common. Here are special considerations:
Website Screenshots
- Include the URL and date in the screenshot
- For goods: show the mark, the product, and a way to purchase (price, "add to cart" button)
- For services: show the mark and a clear description of the services
- Capture the entire relevant webpage, not just a portion
Digital Products
For downloadable goods such as software, e-books, or digital media:
- Screenshots of download pages showing the mark and product
- Screenshots of the product in use showing the mark (e.g., title screen for software)
- Digital marketplaces (e.g., App Store) screenshots showing the product for sale
Best Practice - Digital Timestamp
When submitting website screenshots, include digital timestamp information to confirm when the specimen was captured. The USPTO may verify the use of the mark through Internet Archive or other sources.
Technical Requirements for Specimen Submission
When uploading specimens to the USPTO, follow these technical requirements:
- File formats: JPG/JPEG, GIF, PDF, WAV, MP3, MPG, AVI, or WMV
- Size restrictions: Each file must be less than 5MB
- Resolution: Images should be clear and legible (at least 300 DPI recommended)
- Number of specimens: Only one specimen per class is required, though you may submit up to 5
- Color: Submit in color if the color is a feature of the mark
Submission Tip
When submitting specimens electronically through the USPTO's Trademark Electronic Application System (TEAS), make sure to:
- Upload each specimen as a separate file
- Properly describe each specimen in the "Description of Specimen" field
- Verify all images are clear and legible before submission
Post-Registration Specimens
After registration, you'll need to submit specimens at specific times to maintain your registration:
- Section 8 Declaration: Between the 5th and 6th year after registration
- Section 8 & 9 Renewal: Between the 9th and 10th year after registration, and every 10 years thereafter
These specimens must show current use of the mark and follow the same requirements as application specimens.
Maintaining Your Registration
Keep a digital archive of how your mark appears in commerce throughout the life of your registration. Regularly update this archive when product packaging, websites, or marketing materials change to ensure you always have current specimens available when needed.
Pre-Submission Checklist
Before submitting your specimen to the USPTO, verify that it meets these criteria:
- The specimen shows the exact mark as it appears in your application
- The specimen shows actual use in commerce (not a mock-up or concept)
- For goods: The specimen shows the mark on the product, packaging, or point-of-sale display
- For services: The specimen shows the mark in connection with advertising or providing the services
- Website specimens include the URL and date of access
- The specimen clearly shows association between the mark and the goods/services
- The specimen is in an acceptable file format and under 5MB
- For website screenshots: purchasing information is visible for goods or service descriptions are clear for services
- The specimen is clear, legible, and shows the entire mark
- The specimen matches the goods/services listed in the application
Additional Resources
For more information about trademark specimens, consult these official USPTO resources:
- USPTO Specimen Information
- Trademark Manual of Examining Procedure (TMEP)
- Trademark Electronic Application System (TEAS)
Consider consulting with a trademark attorney for personalized guidance on your specific situation.
This guide is for informational purposes only and does not constitute legal advice. Trademark laws and USPTO requirements may change over time.
Last updated: April 2025 by the intellectual property experts at Accelerate IP.
About Accelerate IP
Accelerate IP is a leading intellectual property law firm specializing in trademark registration, patent prosecution, and IP portfolio management. Our attorneys have decades of combined experience helping businesses protect their valuable brands.
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Need Expert Guidance on Your Trademark Application?
The attorneys at Accelerate IP are offering complimentary consultations to review your trademark specimens before submission. Our experienced trademark attorneys can help you avoid costly rejections and delays.