Specimens

This webpage explains the requirement for a specimen in certain applications, provides examples of acceptable specimens, and explains certain common specimen refusals and how to overcome them.

What is a specimen?

A specimen is an example of how you are actually using your trademark in the marketplace with the goods or services in your application. It’s what consumers see when they are considering whether to purchase the goods or services you provide in connection with your trademark. For example, a specimen could be a photo of a label or tag used on your goods, a photo of outdoor signs for services provided at that location, a website where your goods can be purchased or ordered, or a website advertising your services.

Am I required to submit a specimen?

If your application is based on “use in commerce” or “intent to use,” you are required to submit a specimen. If your application is based on a foreign application or registration, or you filed under the Madrid Protocol, you are not required to submit a specimen.

If you are required to submit a specimen, you must submit one specimen for each class of goods or services in your application. In rare cases where the range of goods or services in a class is too broad, your examining attorney may request that you submit additional specimens.

When do I submit a specimen?

Use-in-commerce applicants

You must submit a specimen with your initial application. In the TEAS application form, you’ll be able to attach your specimen file(s) once you select your filing basis.

Intent-to-use applicants

You must submit a specimen after you submit your initial application.

You can either submit your specimen:

Before your application is approved for publication by filing an Amendment of Allege Use (AAU), or
After you receive a Notice of Allowance (NOA) by filing a Statement of Use (SOU)

Both an AAU and an SOU are claims that you are using your trademark in commerce. They include your specimen and information such as dates of use of your trademark.

See the Intent-to-use applications webpage and the Intent-to-use timeline for more information.

What are the requirements for an acceptable specimen?

An acceptable specimen must:

Show your trademark used with the goods or services listed in your application.
Depict your trademark as shown on the drawing .
Show your trademark in actual use in commerce (not a “mock up” or printer’s proof of how it might be used in the future, or a digitally altered image that is not actually in use).
Show your use of your trademark (not use by someone else, such as press releases sent exclusively to news media).
Be an appropriate type of specimen based on whether you have goods or services. For example, advertising material is an acceptable specimen for services, but not for goods.
Show that your trademark is used in a way that consumers would perceive it as a source indicator for the goods or services in your application (it functions as a trademark).

If you don’t meet these requirements, the USPTO will refuse to accept your specimen.

Examples of acceptable specimens

The examples below are acceptable for some, but not all goods and services. Make sure your specimen shows your trademark where and how consumers expect to see a trademark in your industry.

Specimens for goods are

The goods themselves

For example, you could submit a photo of the bottom of a coffee mug or a photo of the cover of a software instruction manual.

See examples

Pfaltzgraff specimen shows trademark use for mugs. The specimen is a photograph showing the trademark printed on the bottom of a mug.

It Cosmetics specimen shows trademark use for cosmetic brushes. The specimen is a photograph showing the trademark printed on the handle of a cosmetic brush.

Lenox specimen shows trademark use for China plates. The specimen is a photograph showing the trademark printed on the bottom of a plate.

Aveda specimen shows trademark use for hairbrushes. The specimen is a screenshot of a webpage for purchasing the hairbrush. The screenshot shows trademark carved on the brush handle.

Labels and tags affixed to the goods

For example, you could submit a photo of the label on the neckband of a t-shirt.

See examples

Keurig specimen shows trademark use for travel mugs. The specimen is a photograph of a travel mug with an attached label. The trademark is shown prominently in the center of the label.

Lilly Pulitzer specimen shows trademark use for tumblers. The specimen is a photograph of a tumbler with an attached label. The trademark is shown prominently in the center of the label.

Packaging for the goods

For example, you could submit a photo of a laundry detergent box.

See examples

Colgate Plus specimen shows trademark use for toothbrushes. The specimen is a photograph of a toothbrush in packaging. The trademark is shown prominently on the packaging.

Just for Men specimen shows trademark use for hair coloring preparations. The specimen is a photograph of a package for hair coloring. The trademark is shown prominently on the packaging.

Cover Girls specimen shows trademark use for cosmetics. The specimen is a photograph of a package for a cosmetic product. The trademark is shown prominently on the packaging.

Deer Park specimen shows trademark use for drinking water. The specimen is a photograph of a 12-pack of water. The trademark is shown prominently on the plastic packaging.

Eucerin specimen shows trademark use for cosmetic skin lotion. The specimen is a photograph of a lotion dispenser. The trademark is shown prominently on the dispenser.

Vitamin water specimen shows trademark use for vitamin enhanced flavored drinking water. The specimen is a photograph of a bottle of vitamin water. The trademark is shown prominently on the label of the bottle.

Coke specimen shows trademark use for soft drinks. The specimen is a photograph of a can of Coke. The trademark is shown above a QR code.

Sales display signs/placards where the goods are sold

For example, you could submit a photo of a counter display for hair care products in a beauty salon that uses those products.

See example

Pepsi specimen shows trademark use for soft drinks. The specimen is a photograph of a vending machine. The trademark is shown prominently at the top of the vending machine.

Webpages selling the goods

For example, you could submit a screenshot of a webpage showing a necklace for sale, the price, and a shopping cart button,

See examples

Clinique Happy Heart specimen shows trademark use for perfumery. The specimen is a screenshot of a webpage where consumers can purchase the perfume. The trademark is shown on the perfume bottle and in the top middle of the webpage as the product name.

Fuller specimen shows trademark use for perfumery. The specimen is a screenshot of a webpage where consumers can purchase the hairbrush. The trademark is shown on the handle and on multiple places on the page, including the upper left corner of the page.

Tervis specimen shows trademark use for beverageware. The specimen is a screenshot of a webpage selling the beverageware. The trademark is shown in the upper left corner of the webpage, with the goods shown below.

Tide specimen shows trademark use for laundry detergent. The specimen is a screenshot of a webpage selling the laundry detergent. The trademark is shown on an image of a detergent bottle appearing on the webpage.

Dove specimen shows trademark use for body wash and body bars soap. The specimen is a screenshot of a webpage where consumers can purchase the soap. The trademark is shown on an image of a bottle of body wash and next to the product image on the webpage.

Software as goods.

For example, you could submit a screenshot of a software launch screen with the trademark in an introductory message box, or a screenshot of a webpage with enough information to download the software and the trademark appearing in the title bar.

See examples

Office 365 specimen shows trademark use for a specific type of computer software and programs. The specimen is a screenshot of a webpage showing the trademark next to purchasing and downloading information.

Zomato specimen showing trademark use for a specific type of downloadable app. The specimen is a screenshot of an app store webpage selling the app. The trademark is shown in the upper left of the screen.

Rundeck specimen shows trademark use for a specific type of downloadable software. The specimen is a screenshot of a webpage for downloading the software. The trademark is shown in the upper left corner.

Norton by Symantec specimen shows trademark use for antivirus software. The specimen is a screenshot of a webpage selling the software. The trademark is shown on an image of packaging for the goods and in the upper left corner of the webpage.

Ebates specimen showing trademark use for a specific type of downloadable app. The specimen is a screenshot of an app store phone screen where consumers can download the software. The trademark is shown in the upper left corner.

Specimens for services are

Online advertising or printed matter that shows a direct link between your trademark and the services

For example, you could submit a photo or screenshot of a newspaper or online advertisement for financial investment services.

See examples

Visual Studio specimen shows trademark use for a specific type of non-downloadable software. The specimen is a screenshot of a webpage where consumers can sign in to the software service. The trademark is shown in the upper left corner.

TurboTax specimen shows trademark use for a specific type of non-downloadable software. The specimen is a screenshot of an online advertisement. The trademark is in the upper left corner of the screen.

Google+ specimen shows trademark use for a specific type of non-downloadable software. The specimen is a screenshot of a webpage where consumers can sign into the software service. The trademark is shown in the upper left corner.

Luminosity specimen shows trademark use for a specific type of non-downloadable software. The specimen is a screenshot of an online advertisement. The trademark is shown prominently near the top of the screen.

Intellicloud specimen shows trademark use for a specific type of non-downloadable software. The specimen is a screenshot of an online advertisement. The trademark is shown prominently in the top right-side of the screen.

Television and radio commercials for the services

For example, you could submit an MP3 file of a television commercial for laboratory testing in the field of genetics and ancestry.

Invoices, showing a direct link between your trademark and the services

For example, you could submit a photo of an invoice of shoes sold with your trademark at the top of the invoice.

Business cards and letterhead that show a direct link between your trademark and the services

For example, you could submit a photo of business cards and letterhead for publishing services.

Marketing materials that show a direct link between your trademark and the services

For example, you could submit a photo of brochures and leaflets advertising or marketing various hospital services.

Signage where the services are rendered

For example, you could submit a photo of business signs on the front of a grocery store.

Materials used in the sale of the services

For example, you could submit a copy of an instruction manual showing the trademark that is part of the kit for assembling a toy.

Materials used in the providing/rendering of the services.

For example, you could submit:

A photo of a menu for restaurant services.
A photo of a band performing on stage with the band's name displayed during the performance (e.g., the band name on the band's drum) for live musical entertainment services).
A screenshot of the title and launch screens for ongoing television programs and video game entertainment services.

See TMEP 904 (specimens for goods) and TMEP 1301.04 (specimens for services) for more information about acceptable specimens.

DISCLAIMER: References to particular trademarks, service marks, certification marks, products, services, companies, and/or organizations appearing on this page are for illustrative and educational purposes only and do not constitute or imply endorsement by the U.S. Government, the U.S. Department of Commerce, the U.S. Patent and Trademark Office, or any other federal agency.

When is a specimen unacceptable and refused?

If you receive a specimen refusal, it generally means that

You did not include the required specimen with your application.
Your specimen is not properly verified, see TMEP 904.05.
Your specimen does not meet one of the specimen requirements above.

Examples of unacceptable specimens

Here are some common reasons why specimens are refused. The examples below don’t meet the requirements for specimens.

Your specimen does not show the trademark in your drawing.
For example, your specimen:
- Does not show your trademark clearly; it is illegible
- Does not show your entire trademark (shows only a part of the trademark in your drawing)
- Does not show the exact trademark in the drawing, but a variation of it.
Your specimen does not show trademark use with the goods or services in your application.
For example, your application identifies t-shirts as your goods, but the specimen shows your trademark advertising your custom t-shirt printing services.
Your specimen does not show your own use of the trademark.
For example, your specimen is a press release sent exclusively to news media or your specimen is a printed article resulting from such a release. However, publicly available press releases, such as on your website, are acceptable.
Your specimen is not in actual use in commerce.
For example, your specimen:
- Is a printer’s proof
- Is a digitally created or altered image or mock-up
- Is material used only to conduct your daily business of selling goods (e.g., invoices, packing slips, business stationery, order forms, waybills, and bills of lading)
- Is only a drawing or depiction of your trademark
- Shows that your goods have not yet been sold or transported (e.g., pre-sale orders for goods not yet available).
Your specimen is not an appropriate type for your goods or services.
For example, your specimen is only advertising for goods, such as
- A webpage with insufficient ordering or purchasing information
- A webpage for downloadable software with no means to download or purchase the software.

See TMEP 904, 904.03-904.04, 904.07, and 1301.04-13.01(j) for more information regarding specimen refusals.

Response options for overcoming a specimen refusal

Here are five possible response options for overcoming a specimen refusal. Not all options, however, may be applicable to your specific situation.

Submit a verified specimen or verified substitute specimen

Choose this option if

You initially omitted the required specimen from your application, or
A substitute specimen was suggested as a response option

Read more about submitting a verified specimen or verified substitute specimen

Submit a specimen or substitute specimen that demonstrates proper use of your trademark in commerce for your goods and/or services.

The specimen must have been in actual use in commerce by the applicable date below:

For an application: at least as early as the filing date.
For an AAU: prior to the filing date.
For a SOU: prior to the expiration of the deadline for filing an SOU.

TEAS instructions for submitting a verified specimen or verified substitute specimen

Follow the link in your office action to open the appropriate TEAS form.
Answer "Yes" to form wizard question #2.
Continue on to the next portion of the form and complete steps 3-6 listed below for each relevant class for which a specimen or substitute specimen is being submitted.
Under "Classification and Listing of Goods/Services/Collective Membership Organization," select the following statement, “Check here to modify the current classification number; listing of goods/services/the nature of the collective membership organization; dates of use; and/or filing basis; or to submit a substitute specimen, a foreign registration certificate, or proof of renewal of a foreign registration. If not checked, the changes will be ignored.”
Within the "Classification and Listing of Goods/Services/Collective Membership Organization" section, under "Specimen File," attach a jpg or pdf file of the specimen or substitute specimen by using the "Click here to Attach Specimen(s)" button. The size of your attachment may not exceed 5 megabytes per file.
In the textbox below the "Click here to Attach Specimen(s)" button, describe what the specimen consists of.
Select the following statement:

For an application based on Section 1(a), Use in Commerce: "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"

For an application based on Section 1(b) Intent-to-Use: "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use.”

Once all relevant classes have been addressed, click the “Submit” button.

Note about dates of use: If your substitute specimen was used in commerce on different dates than the dates of use for the refused specimen, update the dates of use in your application, AAU or SOU to reflect the correct dates of use for your substitute specimen.

Change your filing basis or withdraw your AAU

Choose this option if you:

Have a use-in-commerce application in which you omitted the required specimen, or you
Included the specimen with your application or AAU, but your specimen was refused.

Read more about changing the filing basis or withdrawing your AAU

Change your filing basis to Section 1(b) (“intent to use”) or withdraw your AAU to return to a Section 1(b) basis, which does not require a specimen. However, you’ll need to amend your basis back to use in commerce before your trademark can register. So, a proper specimen will be required again later in the application process.

If you have a dual bases application under Sections 1(a) and 44, you can delete the Section 1(a) basis entirely from the application and proceed with the Section 44 basis only. You don’t need to submit specimens for a Section 44 basis.

TEAS instructions to change the filing basis or withdraw your AAU

To change your filing basis:

Follow the link in your office action to open the appropriate TEAS form.
Answer "Yes" to form wizard question #2.
Proceed to the next page in the form and complete steps 3-6 for each relevant class for which the basis is being amended.
Under "Classification and Listing of Goods/Services/Collective Membership Organization," select the following statement: "Check here to modify the current classification number; listing of goods/services; dates of use; and/or filing basis; or to submit a substitute specimen or foreign registration certificate. If not checked, the changes will be ignored."
Within the "Classification and Listing of Goods/Services/Collective Membership Organization" section, under "Filing Basis Section 1(a)," uncheck the box for "Filing Basis Section 1(a)."
Delete the information appearing in the “Date of First Use of Mark Anywhere” and “Date of First Use of Mark in Commerce: textboxes.
Check the box for "Filing Basis Section 1(b)."
Once all relevant classes have been addressed, click the “Submit” button.

To withdraw your AAU:

Follow the link in your office action to open the appropriate TEAS form.
Answer "Yes" to form wizard question #3.
Proceed in the form to the “Additional Statement(s)” section and check the box for “Miscellaneous Statement.”
Enter in the text field for the “Miscellaneous Statement” that “Applicant withdraws the amendment to allege use.”
Click the “Continue” button, until you can select the “Submit” button.

Submit a proper verification of your specimen or substitute specimen

Choose this option if you previously submitted a specimen or substitute specimen that was not verified but was otherwise acceptable.

Read more about submitting verification of your specimen or substitute specimen

Submit a verified statement that your specimen or substitute specimen was in use in commerce on or before the applicable date below:

1. For an application: at least as early as the filing date
2. For an AAU: prior to the filing date
3. For a SOU: prior to the expiration of the deadline for filing an SOU.

TEAS instructions for submitting verification of your specimen or substitute specimen

Once you have opened the appropriate TEAS form:

1.   Follow the link in your office action to open the appropriate TEAS form.
2.   Enter your serial number and press continue.
3.   Answer "Yes" to form wizard question #2.
4.   Continue on to the next portion of the form and complete steps 5-7 for each relevant class for which a specimen or substitute specimen is being submitted.
5.   Within the "Classification and Listing of Goods/Services/Collective Membership Organization" section, under "Specimen File," attach a file of the specimen or substitute specimen by using the "Click here to Attach Specimen(s)" button. We accept JPG files up to 5 megabytes. We also accept PDF, WAV, .WMV, .WMA, .MP3, .MPG, or .AVI files up to 30 megabytes.
6.   In the textbox below the "Click here to Attach Specimen(s)" button, describe what the specimen consists of.
7.   Check the box with the following statement:

For an application based on Section 1(b) Intent-to-Use: "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use.”

8. Once all relevant classes have been addressed, select the continue button and navigate to the Signature section. An authorized party must sign both the declaration signature and response signature.
9. Proceed to the Validation Page, review all of your work, save your form, and submit it. You'll see a Success screen and receive a filing receipt.

Submit evidence that the specimen was used with your goods at their point-of-sale

Choose this option if your specimen was refused because it is print advertising material but was identified as a display for your goods.

Read more about submitting evidence that the specimen was used with your goods at their point-of-sale

Submit evidence that the advertising material was used with your goods at their point-of-sale. For example, you could submit a photograph showing the printed advertisement used as signage next to a display of your goods. Or, you could submit a verified statement explaining how the specimen is actually used at the point-of-sale and how your trademark is associated with the goods.

TEAS instructions for submitting evidence that the specimen was used with your goods at their point-of-sale

To submit a photograph:

Follow the link in your office action to open the appropriate TEAS form.
Answer "Yes" to form wizard question #1.
In the "Evidence" section, use the "Click here to Attach Evidence(s)" button to upload the JPG/PDF image file. The size of your attachment may not exceed 5 megabytes per file.
Enter the description of the evidence.
Click the “Submit” Button.

To submit a verified statement:

Follow the link in your office action to open the appropriate TEAS form.
Answer "Yes" to form wizard questions #3 and #10.
In the "Additional Statement(s)" section, check the box for "miscellaneous statement."
In the free form text field for the "miscellaneous statement," write a statement explaining how the specimen is actually used at the point-of-sale and how the trademark is specifically associated with the goods.
Click the "Continue" button at the bottom of the form.
In the "Signature" section, personally sign both the Declaration Signature and Response Signature.
Click the “Submit” Button.

Submit a true copy of the originally submitted specimen

Choose this option if your specimen was refused because it did not clearly show your trademark (for example, the specimen was unreadable or illegible).

Read more about submitting a true unaltered copy of the originally submitted specimen

Submit a true copy of the originally submitted specimen that is clear and readable with a statement from the person who submitted it. The statement should say that it is a true copy of the specimen that was originally submitted.

TEAS instructions for submitting a true unaltered copy of the originally submitted specimen

Follow the link in your office action to open the appropriate TEAS form.
Answer "Yes" to form wizard question #2.
Continue on to the next portion of the form and complete steps 3-6 listed below for each relevant class for which a specimen is being submitted.
Under "Classification and Listing of Goods/Services/Collective Membership Organization," select the following statement, "Check here to modify the current classification number; listing of goods/services/the nature of the collective membership organization; dates of use; and/or filing basis; or to submit a substitute specimen, a foreign registration certificate, or proof of renewal of a foreign registration. If not checked, the changes will be ignored."
Within the "Classification and Listing of Goods/Services/Collective Membership Organization" section, under "Specimen File," attach a jpg or pdf file of the specimen by using the "Click here to Attach Specimen(s)" button. The size of your attachment may not exceed 5 megabytes per file.
In the textbox below the "Click here to Attach Specimen(s)" button, describe what the specimen consists of.
Select the following statement:

For an application based on Section 1(a), Use in Commerce: "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application."

or

For an application based on Section 1(b) Intent-to-Use: "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use.”

or

For an illegible specimen: "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use.”

Once all relevant classes have been addressed, click the “Submit” button.

More information about responding to office actions

See our Responding to office actions webpage for more information about office actions, how to file a response, and tips for responding to other common refusals.

Specimens

Use-in-commerce applicants

Intent-to-use applicants

An acceptable specimen must:

Specimens for goods are

Specimens for services are

Examples of unacceptable specimens

Submit a verified specimen or verified substitute specimen

Change your filing basis or withdraw your AAU

Submit a proper verification of your specimen or substitute specimen

Submit evidence that the specimen was used with your goods at their point-of-sale

Submit a true copy of the originally submitted specimen

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