Trademark Specimen Guide.

When do you need a specimen?

The timing depends on your filing basis:

Goods (Classes 1–34)

• Product packaging or labels showing the mark

  e.g., a photo of your product's box, bag, or wrapper with the brand name clearly visible

• Tags or hang tags attached to the goods

  e.g., a clothing hang tag showing the brand name, attached to the garment

• Product itself with the mark imprinted on it

  e.g., a pen, mug, or electronic device with the brand name engraved, embossed, or printed on it

• E-commerce website screenshot with the mark, product, and purchase button

  Must show the mark, the product image, a price, and a 'Buy Now' or 'Add to Cart' button, all on the same page

• Instruction manuals or product inserts displaying the mark

  The mark must appear on the cover or header of the manual alongside the goods it's used with

• Catalog page showing the mark associated with specific goods

  Must include the mark, product image, and ordering/purchasing information

Services (Classes 35–45)

• Website or app screenshots showing the mark used in advertising services

  e.g., your homepage or service page displaying the brand name along with a description of the services offered

• Brochures, flyers, or marketing materials advertising the services

  Must clearly show the mark and describe the specific services being offered under that mark

• Business signage at a physical location where services are rendered

  e.g., a storefront sign, office building placard, or trade show booth displaying the mark

• Invoices or receipts that include the mark and describe the services

  Must show the mark and reference the specific services provided, not just generic billing

• Social media business pages actively offering services under the mark

  e.g., a Facebook or LinkedIn business page with the brand name, describing the services, and providing contact/booking information

• Email marketing or newsletters advertising services under the mark

  Header must show the mark and body must describe the services being offered to customers

Photo Requirements

• •Accepted formats: JPG (.jpg) or PDF (.pdf). PNG is not accepted for specimens
• •No minimum pixel size for specimens. The 944 × 944 pixel maximum applies to the mark drawing, not the specimen
• •Maximum file size: 5 MB per specimen image
• •Clear, well-lit photo. The mark must be legible and shown as it is used in commerce

Website Screenshot Tips

• •Show the full webpage. Don't crop out the URL bar (it proves authenticity)
• •Include the mark, product/service description, price, and a purchase mechanism on one page
• •Ensure the screenshot is current. Examiners may check if the page is still live
• •For goods: 'Add to Cart' or 'Buy Now' button is mandatory; informational pages are insufficient

General Best Practices

• •One specimen per class. If you're filing in multiple classes, you need a separate specimen for each
• •The specimen must show use in United States commerce (or between the United States and another country). Foreign-only use doesn't qualify
• •Don't add the mark to existing photos digitally. This will be flagged as a mock-up
• •If possible, include a date of use (receipt date, screenshot date, etc.)

Ornamental Use

TMEP §1202.03

Issue: The mark appears merely as a decorative element (e.g., a large graphic on the front of a t-shirt) rather than as a source identifier. The examiner will argue consumers see it as decoration, not a brand name.

Solution: Submit a specimen showing the mark on a hang tag, label, or in a smaller placement that clearly indicates brand origin, such as the inside collar tag of a garment.

Informational Use

TMEP §1202.04

Issue: The mark is used in a purely informational or descriptive manner, for example, a phrase used as a common message or social commentary rather than to identify the source of goods/services.

Solution: Submit additional evidence showing the mark functions as a brand identifier. Consider placement context: a mark on a hang tag functions differently from the same words emblazoned across a product.

Digitally Altered or Mock-Up

TMEP §904.04(b)

Issue: The specimen appears to be digitally created, digitally added to a product, or is a printer's proof rather than evidence of actual use in commerce. Examiners look for signs of digital manipulation.

Solution: Submit real photographs of the product/packaging as it exists in commerce. If selling online, take a genuine screenshot of your live website. Don't composite images together.

Insufficient Website Specimen

TMEP §904.03(i)

Issue: The website screenshot shows the mark but lacks purchasing capability (no price, no 'Add to Cart' or 'Buy Now' button) or doesn't associate the mark directly with the goods/services.

Solution: Capture a screenshot showing all required elements on one page: the mark, a product image or service description, a price, and a purchase/booking mechanism.

Advertising Only (for Goods)

TMEP §904.03(b)

Issue: The specimen shows the mark in an advertisement (banner ad, social media post) but doesn't show it on or in direct association with the actual goods. Advertising alone isn't sufficient for goods marks.

Solution: For goods, submit a specimen showing the mark on the product, its packaging, labels, tags, or a point-of-sale display. Advertising specimens are only acceptable for service marks.

Specimen Doesn't Match the Mark

TMEP §807.12(d)

Issue: The mark shown in the specimen differs materially from the mark in the application. For example, added design elements or significant color changes from what was filed.

Solution: Ensure your specimen displays the mark substantially as it was filed. Minor stylistic variations are usually acceptable, but significant changes may require a new application or amended drawing.