Introduction
When you file a trademark application with the USPTO (United States Patent and Trademark Office), one of the most crucial elements is the specimen. This is evidence proving that your trademark is in use in commerce, and it must be submitted correctly to avoid delays or rejections.
Since the 2021 update to the USPTO’s specimen guidelines, there have been stricter requirements for what counts as acceptable proof of use. In this blog, we’ll cover the best practices for submitting trademark specimens in 2025, so you can ensure your application is complete and your trademark protection is secured.
What is a Trademark Specimen?
A trademark specimen is a sample showing how your trademark is used in the marketplace. It provides evidence to the USPTO that your mark is not only registered but actively used in commerce. Without a proper specimen, your application can be rejected or delayed.
For use-based applications, you must submit specimens showing actual use of the mark in connection with your goods or services.
Types of Acceptable Trademark Specimens
1. Labels, Tags, or Packaging
If you sell physical products, a label, tag, or packaging featuring your trademark is a classic specimen. For example:
- Product packaging with your logo
- Labels affixed to goods
2. Websites and Online Listings
For service-based businesses or online goods, a website screenshot showing your mark used in the sale or advertisement of the product or service is acceptable. Make sure the screenshot clearly shows:
- The trademark
- The goods or services being sold
- A link to complete a transaction
3. Advertising Material
Brochures, flyers, and other advertising materials displaying your trademark in relation to the goods/services you offer are considered valid specimens.
4. Point of Sale Displays
Examples include images of in-store displays or promotional material showing the trademark used at the point of sale, such as in a physical store or at a trade show.
Common Mistakes to Avoid When Submitting a Trademark Specimen
1. Submitting Inadequate or Incorrect Specimens
Avoid sending mockups or designer-created images that don’t show the mark as it’s actually used in commerce. The USPTO requires real-world usage of the mark, not just a digital design.
2. Failure to Show the Mark in Commerce
Make sure your specimen shows the mark used in commerce and not just on your website. For example, an e-commerce website screenshot must show that the product is actively being sold, not just advertised.
3. Not Showing the Mark in Relation to the Goods/Services
If your mark appears on your website but doesn’t directly correspond to the sale or promotion of goods/services, it won’t be accepted. Always ensure the specimen connects directly with the product or service you’re claiming.
4. Not Following the USPTO’s Formatting Requirements
The USPTO requires clear, high-resolution images. Avoid low-quality, blurry pictures or unclear website screenshots that don’t show your trademark’s use.
Updated Guidelines for Trademark Specimens (Post-2021)
With the 2021 update to USPTO guidelines, it’s crucial to understand what the office considers acceptable. The USPTO now requires:
- Clear evidence that your mark is used in commerce, specifically within the appropriate class of goods or services.
- If you’re using a digital specimen (e.g., website screenshot), it must clearly show:
- Your trademark in a purchasable context
- The product/service being offered or sold
- A way for the consumer to buy the product directly from the page (i.e., a “buy now” button)
Tips for Submitting a Trademark Specimen in 2025
- Keep records of use: Always save digital copies or photographs of specimens used in commerce as proof of usage.
- Update your website: Ensure your website or online store is up-to-date and functional, showing your trademark clearly on products or services.
- Work with a trademark attorney to avoid costly mistakes during submission.
Final Thoughts
Submitting a trademark specimen to the USPTO is an essential part of the trademark application process, but it’s not always as simple as it sounds. With stricter guidelines in place since 2021, it’s more important than ever to ensure that your specimen submission is correct, complete, and in line with USPTO requirements.
At IP Bureau, we provide expert guidance on trademark filings, helping you navigate the complexities of specimen submissions and securing your trademark rights.
