Your specimen is the proof. It shows the USPTO how you actually use your mark in commerce. Strong filings start here. Below is a quick, practical guide for getting it right in 2025.

Specimens for Goods (physical products)

  • Labels, tags, or packaging with the mark placed on the product or its container.
  • Product webpages that display the mark next to the goods and provide a clear way to purchase (e.g., “Add to Cart,” price, ordering info).
  • Shipping inserts or point‑of‑sale materials that show the mark directly associated with the goods.

Specimens for Services

  • Website pages, brochures, ads, or signage showing the mark used to advertise or render the service.
  • Include enough context so a reader can tell what the service is and that you are providing it.

What the USPTO Looks For

  • Real use in commerce. No mockups, drafts, or digitally altered images.
  • Match to the drawing. The specimen must show the same mark you applied for.
  • Direct association. The mark must clearly connect to the listed goods/services.

How to Avoid a Specimen Refusal

  1. Capture reality, not theory. Use current, public‑facing materials (your live site, product packaging, store photos).
  2. Show the buy path (for goods). Price + ordering information beats a pretty hero banner every time.
  3. Describe the service (for services). A landing page that only shows a logo often fails; add plain‑English copy about what you do.
  4. File clean. Make sure owner name, classes, and the specimen all tell the same story.

News Snapshot (This Year)

Color marks face a high bar. In April 2025, the Federal Circuit affirmed refusal of a single‑color mark for medical gloves, underscoring that color can function as a mark only when consumers see it as a source indicator—not mere decoration. The takeaway: if you’re betting on color alone, be ready with strong evidence of distinctiveness.

Bottom Line

Specimens win or lose applications. Use real‑world materials that tie the mark to your product or service, match the drawing, and make the connection obvious. Do that, and you avoid most refusals before they start.

Nathan Moore is a trademark attorney located in Nashville. Moore Law PC helps individuals and businesses successfully apply for and register trademarks nationwide.