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.
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.
In order
- 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.
- For services, show the mark in advertising for those services - a website page that describes and offers them is the standard example.
- Check the mark in the specimen matches the mark you applied for. Drift between the two is a refusal waiting to happen.
- Make sure the specimen shows the goods actually being offered for sale, not merely displayed.
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.
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.
Others you will meet at this stage
Allegation of use
Proof you have started actually selling under the mark.
FilingApplicant
The person or business that will own the registration.
FilingBasis for filing
Why you are entitled to file: you use it, or you intend to.
FilingClass
The category your goods or services fall into. Fees are per class.
Filing