We will need a specimen showing how the goods and services are being used in connection with the mark. If your application is electronic, we will need the specimen in .JPG or .GIF format. We can often use a website address where the mark is being used. Otherwise, a sample of the packaging, advertisement or brochure is acceptable. Generally, a proper specimen will (i) prominently display your mark in connection with the goods and services being offered in commerce, in addition to (ii) exhibiting one or more of the following:
Need more information about what type of specimen we need? Click here to read the USPTO Specimen Requirements.
A specimen for goods (products) usually shows the mark on the actual goods, on labels/tags affixed to the goods, on packaging, or in a product display for the goods (like a window display). Advertising materials are generally not acceptable as a specimen for goods, nor are materials used to carry out daily business (e.g., invoices, packing slips, etc.).
The USPTO typically accepts the following specimens for goods:
A specimen for services generally shows the mark used in the sale, rendering, or advertising of the services. A consumer should be able to directly associate your mark with the services you identified in the application on the specimen.
The USPTO typically accepts the following specimens for services:
Specimens consisting of advertising, marketing, and/or promotional materials must show a direct association between the mark and the services. However, if your mark itself references the services, the specimen would show a sufficient direct association (e.g., ABC MEDICAL for a medical clinic).
