What is a trademark specimen?
A specimen is an example of use of the trademark in commerce in connection with the goods or services identified in the trademark application. More simply, it shows what consumers encounter when they consider purchasing those goods or services. An acceptable specimen differs by whether you are offering goods or services under your trademark.
For goods/products, a specimen shows your trademark the way it is being used with the goods you are providing in commerce. Examples of good specimens for goods include product packaging which could be a label, a product container, or any packaging materials on the goods that show your trademark.
For services, a specimen shows your trademark in the way it is being used with the services you are providing in commerce. Examples of good specimens for services include promotional materials that show your trademark such as advertisements or brochures, or service vehicles or business signs that display your trademark.
With the distinction between goods and services in mind, the next step is to understand what every acceptable specimen must demonstrate.
What are requirements for an acceptable specimen?
An acceptable specimen is a real example showing how your trademark is used in commerce with the exact goods or services listed in your application. The USPTO does not accept mock-ups, digitally-altered images, website drafts, or materials showing someone else’s use of the trademark, such as press releases. The specimen must show your actual use of the trademark in a manner appropriate for your goods or services and in a way that consumers would recognize the trademark as identifying the source of those goods or services.
What are unacceptable specimens?
An unacceptable specimen does not adequately show your trademark or its use in commerce with the exact goods or services listed in your application. This includes specimens showing an illegible, partial, or altered version of the trademark; use with different goods or services; or someone else’s use, such as a publicly available press release. Mock-ups, digitally created or altered images, website drafts or webpages without the URL and access date, and pre-sale orders for goods that are not yet available are also unacceptable. The specimen must also be an appropriate type for the specific goods or services identified in your application.
Overall, choosing the right trademark specimen comes down to three questions:
- Is it a genuine, unaltered example of use in commerce?
- Does it clearly connect the trademark with the goods or services listed in the application?
- Is it the correct type of specimen for goods or services?
Reviewing these points before filing can help you select a stronger specimen and reduce the risk of refusal. If you are uncertain which example best meets the requirements, it is best to share several options with your legal team for evaluation.
Thank you for reading!