What is an Acceptable Specimen for Goods and Services?

In the realm of trademark registration, the importance of a specimen as evidence of a mark's active use in commerce cannot be overstated. Using a 1(a) filing basis indicates an existing commercial utilization of the mark. It necessitates the submission of the specimen with the initial application. 

Conversely, a 1(b) filing basis signifies an intent to use the mark in the future. This demands the submission of the specimen after the application process, typically following the receipt of a notice of allowance.

Several essential requisites form the backbone of an acceptable specimen, ensuring its validity and authenticity in the eyes of the United States Patent and Trademark Office (USPTO).

Requirement #1: Authenticity

Your specimen in your trademark application must be an actual real-world example of how your mark is being used. 

Thus:

It cannot be a mock-up, model, draft, or rendering. 

So, let's say you would like to use your website as your specimen for your service. To submit the website as a specimen, you must take screenshots of an actual working website. The screenshots should also include the URL so the examiner can visit the active website.

Additionally, to ensure authenticity in using a web page, the page should display and describe the product. It should show the mark and the association with the goods or services, and it must provide a way to order or purchase the goods or services.

Requirement #2: Visible representation of trademark in trademark specimen

This might seem like an obvious requirement, but to be clear:

This means the trademark must be shown with the products or services you listed in the application. 

Goods

Hypothetically speaking:

If you list that your mark will be used on phone cases and other phone accessories, you must submit a specimen depicting the mark on those goods. Therefore, a picture of a phone case in which the mark is visible and accurate is the best bet.

If you would also like to attach a screenshot of the goods being sold on an online retailer, such as Amazon, it might also be a good idea to show that this is your Amazon listing with an image and URL. 

Services

For a service, you should submit the mark on advertising materials, business cards, and/or websites. 

You shouldn't submit something such as a press release or a news article. Anyone can grab a news headline and claim that this is their service. The USPTO would not look too kindly at this specimen, which, in turn, may delay your registration process.

Requirement #3: Acceptable trademark specimens for your goods or services

Specimens vary depending on the type of goods or services you provide. In some cases, certain specimens may be accepted for one industry rather than another, leading to a refusal from the USPTO.

For example, if you provide a service:

Advertisements and business material, such as letterheads, may be an appropriate specimen. 

However, for goods, advertisements aren't appropriate specimens. Depending on your industry and/or particular goods, there may be some specimens that are stronger than others.

Requirement #4: Good source indicator

A good source indicator should immediately create an association for consumers between:

a. Your trademark 

b. Your goods or services

For example, let's say you provide live entertainment services. A good source indicator here would be a band name on the drums. When customers see the band name, they should be able to associate that with the band's particular services. 

Establishing a good source indicator through a specimen ensures that your mark can be successfully registered. And it can especially help to refute an ornamental refusal.

Requirement #5: Proper file formats

As a final note, your specimen must be in the correct file format.

The USPTO accepts JPG files of up to 5 megabytes or PDF, WAV, WMV, WMA, MP3, MPG, or AVI files of up to 30 megabytes. 

Ideally, you should submit the specimens to your attorney in these formats. However, they can alter the format or provide assistance with converting files.

Examples of previously approved specimens:

Now that we've gone through some of the requirements for specimen approval let's look at some examples to inspire you before you submit specimens:

Examples of acceptable trademark application specimens of use for goods:

• Photographs that show the mark on a tag or label affixed to the goods.
• Hang tags or labels with the mark and the generic name of the actual goods on the tag/label. Include information that typically appears on a tag/label in use in commerce for these types of goods.
• Screenshots of web pages with the URL and access or print date that show the mark being used in connection with the goods at their point of sale.
• Photographs of the mark on packaging where the goods are visible through the packaging.
• Photographs of the mark on packaging where the packaging identifies the generic name of the goods included in the package.

Examples of acceptable trademark application specimens for service marks: 

• Marketing materials such as brochures or flyers.
• Photographs of the mark on a retail store or restaurant signage.
• Photographs of the mark on service vehicles.
• Screenshots of web pages with the URL and access or print date where the mark is used in the actual sale or advertising of the services.

How to submit specimen of use for trademark applications

Submitting specimens of use to the USPTO involves a straightforward process. Once you've gathered the required tangible evidence showcasing your mark's active usage in commerce, you can submit them electronically using the Trademark Electronic Application System (TEAS) on the USPTO website. 

During the application process, you'll be prompted to upload digital files of your specimens in the acceptable formats, ensuring they meet the authenticity and visibility requirements. 

Additionally, you can submit physical specimens via mail if electronic submission isn't feasible, making sure to follow the USPTO's specific guidelines for physical submissions. Adhering to these submission methods and requirements facilitates a smoother and successful trademark application process.

Closing essentials for trademark specimens

In essence, understanding and meeting the stringent USPTO specimen requirements for trademark registration is crucial.

Adhering to authenticity, visible representation, appropriate formats, and strong associations are pivotal for successful submission to the USPTO. By studying approved specimen examples and seeking expert guidance, one can significantly enhance their chances of successful trademark registration.