USPTO Trademark Specimens: Key Rules, Examples & Rejection Reasons

When applying for a trademark with the United States Patent and Trademark Office (USPTO), one of the most important requirements is providing a specimen of use.
A specimen is proof of how you actually use your trademark in commerce on your goods, packaging, or in connection with your services.

Without a compliant specimen, your application or maintenance filing (such as a Section 8 Declaration of Use) can be refused.
This guide explains USPTO trademark specimen requirements, provides examples for goods and services, highlights common reasons for rejection, and shares tips for avoiding costly mistakes.

What Is a USPTO Trademark Specimen?

A USPTO trademark specimen is a real-life example showing the trademark exactly as it is used in commerce, not a mock-up or digital rendering. It must:

• Be a true representation of actual use.
• Match the trademark as it appears in your application.
• Show the trademark in connection with the goods or services claimed.

General USPTO Specimen Requirements

Whether your trademark covers goods or services, all specimens must meet these basic rules:

1. Actual Use in Commerce
   The specimen must show your mark being used in the ordinary course of trade, not just as a prototype or in preparation for use.

2. Interstate Commerce Requirement
   For USPTO filings, the trademark must be used in interstate commerce, across U.S. state lines or between the U.S. and another country.

3. Distinctiveness
   Your trademark should be prominently displayed and easily distinguishable from surrounding text or graphics.

4. Visibility and Legibility
   The trademark must be clear, sharp, and easy to read. Blurry or obscured marks risk rejection.

5. Placement
   The mark should be placed where consumers naturally see it as identifying the source of the goods or services.

6. Date of Use
   The specimen must reflect use during the required timeframe (such as before the application date or within a maintenance period).

7. Associated Goods/Services
   The specimen must directly relate to the goods or services listed in your application.

8. Accepted Formats
   USPTO accepts photos, scanned images, product packaging, labels, website screenshots, printed ads, and other promotional materials.

USPTO Specimen Requirements for Goods

For goods, specimens must show the mark on the product, its packaging, or displays associated with the product.

Commonly Accepted Goods Specimens

• Labels and Tags
  Affixed to the product or its packaging.
  Example: Clothing tags showing the brand name.

• Product Packaging
  Boxes, wrappers, or containers bearing the mark.

• Display and Shelf Tags
  Retail shelf signs or display cards that identify the product and show the mark.

• Containers
  Bottles, jars, cans, or other containers printed with the trademark.

• E-commerce Webpages
  Screenshots of online product listings showing the trademark next to the goods with purchasing details.

• Product Demonstrations or Trade Shows
  Photos from exhibits or events showing the mark on the product being sold.

• Digitally Delivered Goods
  For software or downloadable products, screenshots of the user interface showing the trademark.

USPTO Specimen Requirements for Services

For services, specimens must show the trademark used in the sale, advertising, or rendering of the services.

Commonly Accepted Service Specimens

• Advertisements & Brochures
  Print or digital ads promoting your services with the trademark prominently displayed.

• Website Screenshots
  Pages showing the mark alongside service descriptions and contact/purchasing details.

• Business Cards
  Cards showing the mark and the type of services offered.

• Signage
  Storefront signs, event banners, or on-site service signs.

• Invoices & Letterhead
  Documents showing the mark in connection with billed services.

• Marketing Materials
  Flyers, pamphlets, or other promotional content linking the mark to the services.

Statement of Use Specimens (Intent-to-Use Applications)

If you filed an Intent-to-Use (ITU) application, you must later submit a Statement of Use (SOU) with an acceptable specimen. The SOU specimen must meet the same standards as above, but it must also reflect first use in commerce after the USPTO has issued a Notice of Allowance.

For help on post-registration use requirements, see our
Section 8 Declaration of Use service.

USPTO Trademark Specimen File Format

When submitting specimens online, the USPTO accepts:

• JPG or PDF for most specimens.
• File size up to 5 MB.
• Clear, high-resolution images that accurately depict the mark as used.

Avoid sending low-quality images, overly edited files, or incomplete views.

Common Reasons USPTO Specimens Are Rejected

• Digital Alterations
  If the specimen looks edited or staged, it may be refused.

• Trademark Discrepancies
  The mark on the specimen must exactly match the applied-for mark in spelling, design, and style.

• Lack of Distinctiveness
  If the mark appears as decoration or is too small to function as a trademark.

• Incorrect Class or Description
  If the goods/services shown don’t match those listed in the application.

• Missing or Incomplete Information
  No link between the mark and the goods/services, or missing date of use.

• Inactive or Outdated Specimens
  Showing past use but not current use.

How to Fix or Replace a Rejected Specimen

If your specimen is refused, you may be able to:

1. Submit a substitute specimen that meets all requirements.
2. Amend your application to change from a use-based to an intent-to-use filing (if applicable).
3. Seek professional help to prepare compliant evidence.

Where to Get Professional Help

If you’re unsure whether your specimen will meet USPTO requirements, consider hiring a trademark professional.
At iGERENT, our experts review your materials and help ensure compliance with USPTO rules, whether for a new application, a Statement of Use, or a Section 8 Declaration. Contact us now for expert advice.

Bottom line: A strong, compliant specimen is crucial to your USPTO trademark application. Following these guidelines and avoiding common pitfalls will improve your chances of approval and protect your brand in the U.S. marketplace.