Trademarks 101 · Specimens
A specimen shows the mark doing its job.
A “specimen” is just a real-world example of your mark in use, the way a buyer meets it. It has to show the mark identifying your goods or services, not just appearing near them.
If you read nothing else
- What it is
- Proof that you’re using the mark in commerce: a photo, screenshot or scan of it in use, filed with a use-based application or a statement of use.
- For goods
- The mark on the product, its packaging or labels, or on a web page where people can buy it.
- For services
- The mark used in selling or advertising the service, such as your website, a brochure or a sign.
- If it’s refused
- You can usually file a substitute, if it was in use by the right date. That’s an administrative fix, not an argument.
What works and what doesn’t
Usually accepted
The mark next to or on the goods, or a display at the point of sale.
- A photo of the label or tag on the product
- A product page showing the mark, the product, a price, and an “add to cart” or “buy now” button
- For services only, you can use advertisements for your services showing the mark
Often refused
The mark is there, but not doing the job.
- Mock-ups, digital renderings, printer’s proofs, or altered images
- Advertising alone, for goods
- Invoices, business cards or a web page with no way to buy
What we can do with a refusal
Read why it failed
The office action always explains what the examiner wants to see instead.
Find a substitute
We’ll look at how you actually use the mark and pick an example that works.
File it, verified
With a statement that it was in use by the right date. We include one administrative response, like this, with each application we file.
Read next
Or see every Trademarks 101 sheet.
This sheet is general information, not legal advice for your situation. Talk to us about yours.