Specimens of Use Guide
A specimen is your proof that the mark is really being used in commerce, and it is the item most likely to get a first-time application refused. This guide explains what a specimen has to show, and gives acceptable and unacceptable examples for both goods and services.
What a specimen has to prove
- The mark, shown in substantially the same form as the mark in your application.
- The goods themselves, or the services actually being rendered, rather than the company in the abstract.
- Use in commerce that Congress can regulate, meaning real interstate or foreign trade, not a token sale to a friend.
- Current use, meaning the specimen reflects how the mark is used now and not a design you retired last year.
Specimens for goods
| Usually accepted | Usually refused | Why |
|---|---|---|
| A photograph of the packaging or label showing the mark on the product | A plain logo file, letterhead, or business card | The mark is not shown on or with the goods sold |
| A tag, label, or sticker affixed to the product | An invoice, purchase order, or receipt alone | It shows a transaction, not use of the mark on the goods |
| A webpage that shows the mark next to the product and lets a buyer order it | A webpage that merely offers a download without showing the mark with the goods | The digital download gambit fails when the mark is not tied to the goods themselves |
| A shipping label or packing slip naming the marked goods | A press release, internal memo, or internal mockup | It is not evidence the goods reached the market |
| A tear sheet or magazine page showing the marked product as sold | A rendering of a package you have not produced yet | Specimens must show actual use, not a plan |
Specimens for services
Services are invisible, so the specimen has to show the mark used in the sale or advertising of the services, and it has to name the specific services from your application. A general company brochure that never says what you do is the most common services refusal.
- Advertising or marketing materials that show the mark and describe the services being offered.
- A website page that shows the mark and explains the services, especially with the URL and the date you accessed it.
- Brochures, flyers, or signage that refer specifically to the services in your application.
- Screenshots of a booking or service ordering page that names the services and shows the mark.
Tear sheets, invoices and shipping labels
- Tear sheets work when the page or screenshot shows the mark as it appears to buyers, which is common for print or online advertising.
- Invoices and packing slips help when they identify the goods by the mark, but on their own they are usually treated as transactional, not as use on the goods.
- Shipping labels and packing slips are useful supporting evidence for goods actually shipped in commerce.
- Anything dated matters, since the specimen must reflect current use rather than a one-off sale years ago.
Why specimens get refused
- The specimen shows a different mark from the one in the application, often an older logo version.
- The mark appears only in the company name or address, with no reference to the goods or services themselves.
- The specimen is a mockup, rendering, or proof rather than something actually seen by customers.
- The webpage lacks an obvious way to order the goods or to learn about and obtain the services.
- The file is unreadable, cropped too tightly, or of a format the USPTO cannot display.
Fixing a specimen refusal means an office action response, and an incomplete application can also draw the $100 per class insufficient-information fee. If your use has not started yet, file under intent to use instead of submitting a weak specimen.
Frequently asked questions
Can I use an invoice as my specimen?
Usually not by itself. An invoice shows a transaction, not the mark appearing on the goods. It becomes useful when the goods are identified by the mark on the invoice, and it is strongest as supporting evidence alongside a label or packaging photograph.
Is a logo file enough for a design mark?
No. A specimen must show the mark as used in commerce, so you need a photograph of the mark on the product, the packaging, or in advertising for the services.
Do I need a specimen if I file intent to use?
Not at filing. You submit a specimen later with a Statement of Use at $150 per class, or an Amendment to Allege Use before approval, and the registration never issues without one.
Can one specimen cover several classes?
Only if it shows the mark used with all the goods or services in every class you claimed. In practice most multi-class filings need a separate specimen for each class.
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