Specimens

For goods, a specimen shows your trademark as actually used in commerce with your existing goods in a way that directly associates the trademark with the goods. For example, a specimen could be a label or tag attached to your goods that shows your trademark, a product container or packaging showing your trademark on the packaging, or a website displaying your trademark where your goods can be purchased or ordered.

For services, a specimen shows the trademark as actually used in commerce with your existing services in a way that directly associates the trademark with the services. For example, a specimen could be an advertisement, brochure, website printout or other promotional material which shows your trademark used for the services, business signs where the services are rendered showing your trademark, or a service vehicle showing your trademark.

Generally, you should not submit a physical specimen to the USPTO. Trademark filings with us are done electronically. Therefore, what you submit to us typically is a photograph, scanned copy, screen capture, or printout of the physical specimen of use. Screenshots of webpages must show the URL and date you accessed or printed them.

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 in order to register your mark. However, all registrants are required to submit specimens at required intervals to maintain their registrations.

When you are required to submit a specimen, you must submit one specimen for each class of goods or services in your application or registration maintenance filing.  You may be asked to submit additional specimens to properly examine your application or registration maintenance filing.

Use-in-commerce applicants

In general, your initial application should include a specimen. For the TEAS Plus filing option, your application will not be accepted without it. In the TEAS application, you’ll be able to attach your specimen file(s) once you select a use-in-commerce 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.

All registrants

You must submit a specimen with your Section 8 or 71 affidavit or declaration of use. These are filed between the fifth and sixth year after registration, and then every ten years from the registration date, during that tenth year, twentieth year, and so on. See the Post Registration FAQS for more information.

An acceptable specimen must:

• Be a real example of how you use your trademark in commerce in providing your goods or services (not a mock up, printer’s proof, digitally altered image, rendering of intended packaging, or draft of a website that shows how your mark might appear).
• Show your trademark used with the goods or services listed in your application.
• Depict the same trademark as shown on your drawing .
• 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 your trademark used in a way that directly associates the mark with the goods or services.
• Show your trademark used in a way that consumers would perceive it as a source indicator for the good or services in your application (it function as as a trademark).
• Include the URL and date you accessed or printed the webpage in your submission.
• Be attached to TEAS forms as JPG files of up to 5 megabytes or PDF, WAV, .WMV, .WMA, .MP3, .MPG, or .AVI files of up to 30 megabytes. See our specific formatting requirements before submitting your specimen.

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

For post registration filings, see the Proof of Use Audit Program (“What is proof of use?”) for information on specimens submitted after registration.

Specimens for goods are

• The goods themselves

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

• Labels and tags for the goods

For example, you could submit a photo showing your trademark on a label sewn on the neckband of a t-shirt, a photo of the goods showing your trademark on a label. A label or tag that is not shown physically attached to the goods may be accepted if, on its face, it clearly shows the mark in actual use in commerce. To clearly show actual use in commerce, the tag or label would, in addition to showing the mark, include informational matter that typically appears on a label in use in commerce for those types of goods such as net weight, volume, UPC bar codes, lists of contents or ingredients, or other information that is not part of the mark but provides information about the goods.

• Packaging for the goods

For example, you could submit a photo showing your trademark on a laundry detergent box.

• Sales displays where the goods are sold

For example, you could submit a photo of a counter display showing your trademark along with hair-care products in a beauty salon that uses those products.   

• Webpages selling the goods

For example, you could submit a screenshot or printout of a webpage showing a necklace for sale, the trademark on or in close proximity to the necklace, the price, and a shopping-cart button. You must include the URL and date you accessed or printed the webpage in your submission. You can include it in your screenshot or printout.

• 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.

Specimens for services are

• Online advertising or printed matter showing a direct link association 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.

• 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.

• Marketing material showing a direct association between your trademark and the services

For example, you could submit a scanned copy 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.

• Material used in the providing/rendering of the services.

For example, you could submit:

• A photo or scanned copy 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.

• Invoices showing a direct association between your trademark and the services

For example, if your services are printing and copying services, you could submit a photo or scanned copy of an invoice showing your trademark that includes the wording COPY SHOP) at the top of the invoice.

• Business cards and letterhead showing a direct association between your trademark and the services

For example, you could submit a photo or scanned copy of business cards and letterhead that indicate you provide publishing 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.

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 to show use for services, but not goods.

• 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., packing slips, business stationery, order forms, waybills, and bills of lading)
  • Is only a drawing or depiction of your trademark
  • Is a webpage that doesn't include the URL and date accessed/printed
  • 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.

Submit a verified specimen or verified substitute specimen

Choose this option if either of these are true:

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

Change your filing basis or withdraw your AAU

Choose this option if you either is true:

• You have a use-in-commerce application in which you omitted the required specimen,
• You included the specimen with your application or AAU, but your specimen was refused.

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.

Provide the URL and date you accessed or printed the webpage in your submission

Choose this option if your specimen was refused because your submission appeared to be a webpage but did not include the URL and date you accessed or printed your webpage.

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.

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). 

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.