A real-world example showing how a trademark is actually used in commerce to identify and distinguish goods or services.
What is a Specimen?
In a U.S. trademark application, a specimen is evidence submitted to the United States Patent and Trademark Office (USPTO) to demonstrate actual use of the trademark in the marketplace. It is more than just a logo or design file; it must show the mark as consumers encounter it when purchasing goods or services. The USPTO uses the specimen to verify that the trademark is actively being used in commerce as claimed.
What qualifies as a good specimen depends on the type of application. For goods, examples include product labels, tags, packaging, photographs showing the mark directly on the product, or screenshots of an online store listing where the mark appears next to the goods with a purchasing option. For services, examples include website pages, brochures, business cards, advertisements, or signage that display the mark in connection with the services offered.
A strong specimen should be clear, accurate, and match the trademark exactly as filed in the application. It cannot be a mock-up, printer’s proof, or image of a product that is not yet available in commerce. It must show the mark used in the ordinary course of trade rather than for minimal or token sales.
The timing of specimen submission depends on the filing basis. In a “Use in Commerce” application, the specimen is submitted at the time the application is filed because the trademark is already in use. In an “Intent to Use” application, the specimen is not provided at filing; instead, it is submitted later with a Statement of Use after the USPTO issues a Notice of Allowance and the applicant begins using the mark in commerce.
For non-U.S. applicants, the same rules apply. The specimen must reflect genuine use of the mark in U.S. commerce, meaning that the goods or services are actually being sold or provided to U.S. customers. An inadequate specimen can lead to the refusal of the application, so selecting the right example is essential.
