Trademark specimens: what the USPTO accepts and what it refuses

What a specimen is

A specimen is evidence that your mark is actually being used in commerce with the goods or services in your application. It is different from the drawing. The drawing shows the mark you are claiming; the specimen shows the mark as a customer meets it: on a label, a package, a product page, a sign or an advertisement.

The USPTO needs one specimen per class. Each must show the mark as it appears in the drawing, used with goods or services listed in that class, and in use as of the date you are claiming: the filing date for a use-based application, or the Statement of Use date for an intent-to-use application.

The match with the drawing matters. If you apply for the words in standard characters, the specimen can show them in any font, color or arrangement; if you apply for a logo, the specimen has to show that logo, not an earlier or simplified version.

Goods specimens and services specimens are different

For goods, the mark must appear on the goods themselves, on their containers, tags or labels, or on a display associated with them at the point of sale. The idea is that the customer sees the mark when deciding to buy or when receiving the product. Advertising alone does not qualify for goods.

For services, the mark must be used in the sale or advertising of the services, and the specimen has to show a direct association between the mark and the services: it should say, or make obvious, what the services are. A sign with just a name and no hint of what is sold is a weak specimen; a sign that reads as a bakery, a salon or a consultancy is a strong one. Advertising is fine for services.

Examples the USPTO accepts

For goods:

• A photograph of the product with the mark printed, stamped, engraved, woven or sewn onto it.
• A label or hang tag attached to the product, photographed on the product.
• Packaging: a box, bottle, jar, bag or wrapper showing the mark.
• A product page on your website showing the mark near a picture or description of the goods, with a way to order them: a price and an "add to cart" or buy button, or ordering instructions.
• For downloadable software or an app, a screenshot showing the mark on the title or launch screen, or a download page showing the mark with a download button.
• A point-of-sale display, such as a shelf sign placed with the goods in a shop.

For services:

• A web page describing the services under the mark, captured with the URL and date.
• A brochure, flyer, menu or printed advertisement that names the services.
• A photograph of signage at the place the services are performed: a storefront, a vehicle, a trade-show stand, ideally with the services visible or named.
• A social media page that advertises the services under the mark, again with the URL and date.
• For software provided as a service, a screenshot of the logged-in product showing the mark, or the page where customers sign up for it.
• Business cards and letterhead, but only if they also state the services offered.

Web page specimens have had one extra rule since February 2020: the capture must show the URL and the date it was accessed or printed, either in the image itself or stated in the application.

Examples the USPTO refuses

• A digital mock-up or rendering of packaging or a product that has not been made.
• A printer's proof, or a label or tag on its own, not attached to the goods.
• A digitally altered image, such as a logo pasted onto a stock photo of a product; a fabricated specimen puts the whole application at risk.
• The drawing itself, a logo file, or a letterhead showing only the mark.
• A plain advertisement, press release, brochure or catalog for goods, unless it includes ordering information and works as a display.
• An invoice, packing slip or order confirmation for goods.
• A web page for goods with no price, no buy button and no ordering instructions.
• A web page capture with no URL and no date.
• A mark used only as a company name, for example on a "contact us" page or in a copyright notice, rather than as a brand for specific goods or services.
• Ornamental use on clothing. A large slogan or design across the chest of a shirt is decoration, not a brand. A mark on the neck label, on a hang tag, or as a small logo in the breast position is read as a trademark.

Every specimen is filed with a declaration signed under penalty of perjury. The USPTO also accepts reports of suspicious specimens and audits registrations after grant, so a specimen that was not real can lead to cancellation years later.

When the specimen is filed

In a use-based application under Section 1(a), one specimen per class is filed with the application. In an intent-to-use application under Section 1(b), it is filed later, with an Amendment to Allege Use before the application is approved for publication or with the Statement of Use after the Notice of Allowance.

You will need specimens again after registration: with the Section 8 declaration between the fifth and sixth years, with every ten-year renewal, and in any audit. Our guide on maintenance and renewal covers those dates; keep dated originals from every year you use the mark.

If a specimen is refused, you can respond with a substitute and a declaration that it was in use as of the relevant date. If nothing from that date shows proper use, the options are to amend to intent to use, if the application has not yet published, or to start again.

How to prepare a specimen that passes

1. Check the mark on the specimen against the drawing: same words, same design, same order. Extra elements around it are fine; a different version of the mark is not.
2. Pick the right kind for what you are claiming: the product, its label or packaging, or an ordering page for goods; advertising, signage or a service page for services.
3. Photograph the real thing in good light, with the whole product and the mark legible. Crop if you like, but do not retouch, recolor or composite.
4. For a web page, capture the full page with the address bar and the date visible; for goods, make sure the price and buy button are in the capture.
5. Match the goods. A specimen showing coffee mugs does not support "coffee", and a page for consulting does not support "software". Every item in a class needs to be in use, and the specimen should show at least one of them.

When you file with Trademarky, your attorney reviews your specimen before anything is filed and tells you if it will not pass. A straightforward substitute-specimen response later is the kind of non-technical office action the flat fee covers; the pricing page has the full list of what is and is not included.

Common specimen refusals

• "The specimen does not show the applied-for mark in use in commerce": advertising for goods, a mock-up, or a specimen unrelated to the goods listed.
• "The mark on the specimen does not match the mark in the drawing": a different version of the logo, or words missing or added.
• "The specimen does not show a direct association between the mark and the services": the services are not named or evident.
• "The applied-for mark, as used on the specimen, is merely ornamental": clothing and merchandise, almost always.
• "The specimen shows the mark used only as a trade name": a company name rather than a brand for goods or services.

Each is answered with a better specimen or, where the goods do not match, an amendment. Our guide on office actions explains how responses and deadlines work.

Already selling under your name? Start with the free check; the specimen review happens on the free call with your attorney before anything is filed. Check my trademark for free

Questions about this topic

Can I use a screenshot of my website as a specimen?

Yes, for services almost always, and for goods when the page shows the mark with the product and a way to buy it, such as a price and an add-to-cart button. The capture must show the URL and the date it was accessed.

Is a mock-up acceptable as a specimen?

No. A specimen must show the mark as it is actually used with the goods or services. A rendering, a printer's proof or a digitally created image of packaging that has not been produced is refused, and a fabricated one can lead to cancellation of the registration later.

Do I need a specimen for every class?

Yes. One specimen is required for each class in the application, and it must show the mark used with at least one of the goods or services listed in that class. The same photograph can serve two classes only if it happens to show goods or services from both.

Related guides

• Intent to use vs use in commerce: choosing your filing basis: Section 1(a) vs 1(b): what use in commerce means, when to file before launch, the Notice of Allowance, and Statement of Use fees and extensions.
• Trademark office actions: what they are and how to respond: What a USPTO office action is, the three-month response deadline, the most common refusals, how a response is prepared, and what happens if you miss it.
• Trademark classes explained: The 45 Nice classes the USPTO uses, what each covers, how to pick yours, what extra classes cost, and the pairs small businesses file most.

Contact

Trademarky, LLC, 78 SW 7th St, 5th FL, Miami, FL 33130. (305) 562-6800, hello@trademarky.io. Monday to Friday, 9am to 5pm ET. Available by appointment.

This free check is an AI-assisted preliminary screening against known U.S. trademark records. It is not a comprehensive clearance search and not legal advice. Only a licensed attorney can advise you on whether to file.