Trademark Specimen of Use

A “specimen” of use is proof of how you are actually using the mark in commerce and in association with the goods and/or services listed with your mark. One specimen is required for each class of goods or services that you are registering for. If you are filing a trademark based on “use,” this specimen must be submitted along with the original application. If you are filing a trademark based on “intent to use,” you may file the specimen in the future (see Intent to Use vs In Use). Note that the specimen must show your mark in use with the goods and/or services you listed, which makes it different than the “drawing” which only shows the mark itself.

For goods: the specimen should show the mark on the good itself or the container/packaging of the good. Tags or labels for the goods, a display associated with the goods, or a photograph of the goods that show the use of the mark are also valid as a specimen of use.
Invoices, announcements, order forms, bills of lading, leaflets, brochures, publicity releases, letterhead and business cards generally are NOT acceptable specimens for goods.

For services: valid specimens include a sign, a brochure, advertisements, business cards, stationary, or photographs showing the mark used in rendering or advertising the services. However, the mark must be shown in reference to the services. For example, “Thoughts to Paper Trademark Services” rather than simply “Thoughts to Paper.”

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