A picture or document, generally, attached to a filing that shows the applicant’s mark as actually used in the marketplace on the applicant’s goods, packaging for the goods, and displays associated with the goods, or in the sale, advertising, or rendering of the applicant’s services identified in the application or allegation of use. The USPTO accepts labels, tags, packaging, or containers for goods as specimens of use for a trademark. The USPTO also accepts webpages showing or describing the product near the mark and with sufficient purchasing information (such as a shopping cart button) for goods. For a service mark, the USPTO accepts specimens that consist of advertising and marketing materials such as webpage advertisements or direct mail or email advertising. The USPTO requires one specimen for each class of goods or services listed in a trademark application.
The USPTO requires specimens for the following filings:
- Applications based on actual use in commerce under Trademark Act Section 1(a)
- An allegation of use (either an amendment to allege use (AAU), or a statement of use (SOU)), when claiming use in an application initially based on a bona fide intention to use the mark in commerce under Section 1(b)
- Maintenance documents filed after registration.
Specimens are not required in applications based on a foreign application or foreign registration under Section 44, or for applications based on Section 66(a). However, the USPTO requires specimens for those two types of applications in maintenance documents filed after registration.
— for more information on specimens for trademarks and service marks, see TMEP §§904, 1301.04.
— for information on specimens for certification marks, see TMEP §1306.04(c)–(d).