Specimens of Use

Specimens of Use

A trademark specimen is an actual example of how a trademark iis being used n commerce on
or in connection with the identified goods and/or services.

The specimen is not the same as the drawing of the mark, which merely represents what is being claimed as the trademark.

Specimens are required in applications based on actual use in commerce, and must be filed with the Allegation of Use in applications based on an intention to use the mark in commerce.

Specimens are not required for applications based on a foreign application.

 

Specimen for Goods

A specimen for a trademark used on goods generally shows the trademark on the actual goods or packaging for the goods.

You may submit a tag or label for the goods; a container for the goods; a display associated with the goods; or a photograph of the goods that shows use of the mark on the goods. Do not submit the actual product.

Invoices, announcements, order forms, bills of lading, leaflets, brochures, publicity releases, letterhead and business cards generally are NOT acceptable specimens for goods.

 

Specimen for Services

A specimen for a trademark mark used in connection with services (a service mark), must show the mark used in the sale or advertising for the services.

You may submit a sign; a brochure about the services; an advertisement for the services; a business card or stationery showing the mark in connection with the services; or a photograph showing the
mark as used in rendering or advertising the services.

There must be some reference to the type of services rendered on the specimen, i.e., not just a display of the mark itself. For example, if the mark sought to be registered is “XYZ”for a real estate service, a specimen that only shows the mark “XYZ” would not be acceptable. A specimen that states “XYZ REAL ESTATE” would be acceptable.

 

Filing a Specimen

After you complete your trademark application, you can upload an image of your specimen or send it later by email.

 

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