A trademark specimen is required if you want to have your trademark registered with the United States Patent & Trademark Office (USPTO). The trademark specimen tells the USPTO how you are using your trademark with your goods or services. Understanding how to submit a good trademark specimen will ensure that your trademark application gets registered with a minimum of hassle.
A trademark specimen shows your trademark used with your goods or services.
What Is A Trademark Specimen?
A trademark specimen shows how the mark is actually used in conjunction with the goods and services. This is what generally consumers will see when they purchase your goods or services. This does not mean a mock-up of what the label will look like, it must be the actual, physical label. This also means a screenshot for pre-orders will not work because your goods or services are not in commerce yet. A good specimen will show a clear connection between the mark and the goods or services of your company.
Trademark Specimen Examples
Examples of a trademark specimen include:
- Screenshot for a website or blog
- A photograph of a clothing tag
- Marketing material such as brochures and advertisements
- The mark directly on the product
- The mark on product packaging
- An audio file or CD if applying for a sound mark
- Catalog of your goods
Whichever format you use for your specimen keep in mind the mark must be as clear as possible. You want to make sure it is distinguishable from other text or designs you may have on the specimen.
What is a Good Trademark Specimen?
What counts as a good specimen will vary depending upon the goods and services that you are seeking to register. Regardless, a good specimen will fulfill 3 requirements: 1) shows the mark you are trying to register; 2) shows the relationship between the mark and a good or service your company provides; and 3) shows the mark being used in commerce. Essentially, make sure that everything you submit to the USPTO matches and that your words are reflected in the images you present.
You may also submit a description of how you use the mark in commerce. You can use the same specimen, if you are applying for more than one class, but make sure it is a good one, so you don’t get rejected multiple times.
The ultimate goal is to have a trademark specimen that matches the description of your goods or services in your application exactly. If the mark varies between trademark specimen and application, rejection could ensue.
Trademark Specimen Tips for Websites
For many businesses, your trademark specimen can be a screenshot of your website. However, the USPTO recently made some new rules about website screenshots.
For a website screenshot to work as a specimen:
- The screenshot must include the URL of the website in the screenshot.
- The specimen must include the date when the screenshot was taken.
If you don’t include this information, the USPTO can reject your trademark specimen.
What Happens If You Don’t Have A Good Trademark Specimen?
The USPTO can reject your trademark specimen for a variety of reasons. Here are some reasons they may reject your specimen:
- does not actually show your mark in commerce
- does not show the mark clearly or is illegible
- fails to show the relationship between the mark and goods or services
- shows a digitally altered image or mock-up of the goods or packaging
- the trademark usage is merely ornamental
In this case, you would need to amend your filing to submit a proper specimen. If you have an attorney working on the trademark, then your attorney will handle this. An attorney saves you time and money by knowing whether or not something works as a specimen.
Finally, bear in mind that if you are filing a trademark intent to use application, you do not need to have a specimen when you file your application (since you have not yet used your mark with your goods or services). But you will need a trademark specimen before you are able to get your trademark fully registered.
