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

• •Minimum resolution: 944 × 944 pixels (USPTO recommends at least 250 DPI)
• •Acceptable formats: JPEG (.jpg) or PNG (.png)
• •Maximum file size: 5 MB per specimen image
• •Clear, well-lit photo — the mark must be legible

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 US commerce (or between the US 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 hangtag functions differently from the same words emblazoned across a product.

Digitally Altered / Mock-up

TMEP §904.04(b)

Issue: The specimen appears to be digitally created, photoshopped onto 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 — e.g., different font, 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.