What are USPTO Specimen Requirements? Examples & Common Rejections

Most of the confusion we see with trademark specimens starts with a beautiful mockup, but zero real-world use. Clients upload the logo file and assume they’re done, then the USPTO asks for a specimen and everything stalls. The cure is understanding that design ≠ use.

If you’d rather not wrestle with specimens, our team can audit, prepare, and file your proof-of-use for both Trademark Registration in the United States and Trademark Section 8 Declaration—end to end, with zero guesswork.

What is a Trademark Specimen Exactly?

A trademark specimen shows how you actually use that trademark in commerce: on a product, its packaging, a point-of-sale display, or in ads/website pages that sell or render the service.

Specimen vs. Drawing: Key Differences

To prevent avoidable mistakes, it's important to understand the differences between these two concepts:

• Drawing (standard character or special form): what the mark looks like in the register.
• Specimen (USPTO): evidence of use in commerce—how consumers actually encounter your mark for goods or services.
• The mark on the specimen must match the drawing.

What are USPTO Specimen Requirements for Goods & Services?

At a minimum, an acceptable specimen must:

1. Show the mark clearly, as filed.
2. Show the context of use (what is being sold/rendered).
3. Be real and unaltered (no mockups, no digital overlays, no staged “concept shots”).
4. Be timely (reflecting current use) and legible.
5. For webpage screenshots: include the visible URL and the date; for goods, include a buy/add-to-cart or ordering path.

Trademark Specimen Examples: What Actually Works for Goods & Services

Below are concise trademark specimen examples to model. Feel free to use them as a checklist against your situation.

Acceptable Trademark Specimens for Goods

• 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.

Tip: website captures only work when we included URL + date right on the screenshot next to the live buy button.

Acceptable Trademark Specimen for Services

• 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.

Software & apps (goods/services crossover)

• App store listings showing the mark, app name, and install/purchase button.
• In-app screens showing the mark while the service is rendered.
• For digitally Delivered Goods, show screenshots of the user interface showing the trademark.

USPTO Trademark Specimen File Format & Quality Requirements

The USPTO accepts common formats (e.g., PDF, JPG/PNG) and a file size up to 5 MB.

What actually matters:

• Clarity first: text, mark, and transaction elements (price, cart, contact) must be readable without zooming.
• No heavy editing: don’t crop out the URL or date on webpage specimens; don’t retouch the mark.
• Reasonable size: export at a quality that keeps details crisp without oversized files.
• Color accuracy: if color is part of the mark (special-form), capture it faithfully.
• File names: use descriptive names (e.g., Class25_ecommerce_product_page_2025-03-12.pdf) to keep your record clean.

When Do I Submit a Specimen?

• Use-in-commerce filing (Section 1(a)): submit one specimen per class with the trademark application.
• Intent-to-use filing (Section 1(b)): no specimen at filing. Provide it later via Amendment to Allege Use (AAU) or Statement of Use (SOU) after the Notice of Allowance (NOA).
• Post-registration: submit fresh specimens with maintenance filings (e.g., Section 8/71).

Pro tip: Whatever your basis, your specimen must show interstate commerce use in the U.S. and match the mark as filed.

Mistakes that Trigger Refusals and How to Spot Them Fast

• Mockups / Canva-style composites for goods or services. If it’s not live or physically affixed, expect trouble.
• Logo-only uploads with no context. The USPTO needs to see the mark used to sell something.
• Mismatch between the specimen and the drawing (different spelling, spacing, design elements).
• Weak association: the mark appears, but the page/poster doesn’t clearly show the goods/services.
• “Coming soon” or pre-order pages with no way to actually order.
• Third-party marketplace pages that don’t identify you as the source (or bury your brand).

Don’t sweat it: if any of these red flags showed up in your file, we can fix the specimen or prepare a compliant substitute specimen for you.

How to Fix a Specimen Refusal

• Substitute specimen: If you had real use on or before the relevant date (filing date for 1(a), or before you filed SOU/AAU for 1(b)), submit a new, compliant specimen with a verified statement.

• For 1(b) filers: If you weren’t truly using the mark yet, don’t force it. File your AAU when you start using, or wait and file a SOU after NOA.

• Best practices when responding:

  • Explain what the image shows, where it was captured, and how it ties to the goods/services.
  • For websites, annotate or point to the purchase/booking elements.
  • Keep the file unaltered and legible; add a cover page if needed to clarify context.

Quick Decision Flow

1. Is this real use?

   • Yes → go to 2.
   • No / mockup → don’t file. Make it live first (publish page, turn on cart, print real labels).

2. Does the mark match the drawing exactly?

   • Yes → go to 3.
   • No → align artwork/wording before capturing.

3. Is the association crystal clear?

   • Goods: show product + price + buy/add-to-cart.
   • Services: show service description + contact/booking.

   If unclear, add missing elements and recapture.

4. For webpages, does the capture include URL + date?

   • Yes → you’re likely good.
   • No → recapture with those visible.

Checklist Before You Upload to TEAS

• Mark in the specimen matches the drawing exactly.
• The specimen shows real, current marketplace use (no mockups).
• One specimen per class included (more if requested).
• Goods: product/packaging or point-of-sale with buy/add-to-cart.
• Services: page/ad shows what you do and how to engage you.
• Web captures: visible URL + date in the screenshot/PDF.
• Details visible: price, cart, contact, or booking flow as applicable.
• Dates of use in your forms align with the reality shown in the specimen.
• Files are legible, unedited, and sensibly named.

Or skip the checklist: we’ll prepare the specimen and upload it to TEAS for you, start to finish.

Accepted vs. Rejected at a Glance

Other Quick FAQs about USPTO Specimens

1) How many specimens do I need? At least one per class. The USPTO can request more.

2) Can I use the same specimen for multiple classes? Only if it genuinely shows use for each class, which is rare. Plan one per class.

3) Are social media posts acceptable? Only if they function like point-of-sale (goods) or clearly market the service with contact/booking (services), and you can capture URL + date.

4) Do invoices or purchase orders work? Typically not for goods; they don’t show the mark at point-of-sale. For services, a brochure/website is usually stronger.

5) My specimen was refused for being a mockup. What now? If you had real use by the critical date, submit a substitute specimen. If not, wait until use begins and file AAU/SOU as appropriate.

6) Do you handle the specimen for me? Yes. We audit, prepare, and file your proof-of-use for both new applications and maintenance filings.

7) Can you take care of Section 8/71 proof-of-use? Absolutely. We’ll collect the right evidence, capture URL and date where needed, and submit it with your Section 8 Declaration.