GLOSSARY · FILING

Specimen

Real-world evidence of the mark being used in commerce.

Not a mockup or a logo file. For goods it must show the mark on the product, packaging or point-of-sale display. For services it must show the mark in advertising for those services. Bad specimens are a leading cause of Office Actions.

WHAT THIS MEANS FOR YOU

Why it matters to your application

A specimen is evidence, not artwork. The USPTO is asking you to prove the mark is doing a job in the real world, and the most common reason applications stall is an applicant sending a logo file or a mockup instead of proof of use.

WHAT TO DO

In order

  1. For goods, photograph the mark on the product, its packaging or its point-of-sale display. A shipping label or a product listing page usually works.
  2. For services, show the mark in advertising for those services - a website page that describes and offers them is the standard example.
  3. Check the mark in the specimen matches the mark you applied for. Drift between the two is a refusal waiting to happen.
  4. Make sure the specimen shows the goods actually being offered for sale, not merely displayed.
AN EXAMPLE

How this plays out

A founder submits a clean logo on a white background. It is refused, because it shows the mark existing rather than the mark being used. A screenshot of the product listing with an add-to-cart button would have passed.

QUESTIONS PEOPLE ACTUALLY ASK

About specimen

Can I use a mockup as a specimen?

No. Digitally created mockups are specifically rejected. The specimen has to show real use in commerce.

Does a website screenshot count?

For services, usually yes. For goods it has to function as a point of sale - showing the product, the mark and a way to buy it.

What if my packaging has changed since I filed?

Submit a current specimen that matches the mark as registered. If the mark itself has drifted, that is worth addressing before a renewal deadline forces the issue.

General information about USPTO procedure, not legal advice about your situation. Always confirm the status and deadlines on your own application in USPTO TSDR.

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