Specimens 101: The Most Common USPTO Refusal—and How to Avoid It
Most trademark applications fail for one simple reason: the specimen doesn’t prove real-world use. A specimen is your evidence—what the customer sees when they meet your brand in the wild. Get it right, and your filing moves. Get it wrong, and you lose time and money.
What the USPTO Wants
- For goods: the mark on packaging, labels, hangtags, the product itself, or a product page that actually sells (price + cart/ordering info).
- For services: ads, brochures, or website pages that show the mark while describing the services and how to hire you.
- Clarity: the mark must look like a brand, not decoration. It should identify who provides the product or service.
What Gets Refused
- Mockups, Photoshop overlays, printer’s proofs, or “coming soon” pages with no way to buy or hire.
- Purely ornamental use (e.g., a slogan splashed across the front of a t‑shirt with no brand labeling elsewhere).
- Invoices, purchase orders, or shipping labels alone with no consumer-facing branding.
Build a Winning Specimen (Step‑by‑Step)
- Choose the right basis: If you’re not selling yet, file Intent‑to‑Use and submit your specimen later.
- Capture the moment of sale: Screenshot the product page with price and cart, or photograph packaging/labels on real goods.
- Show the mark as a brand: Use consistent, readable branding—not just big decoration.
- Match the filing: The specimen must show the same mark for the same goods/services you listed.
- Keep records: Date-stamped screenshots and photos help if the Examining Attorney asks questions.
Final Checklist
- Does the specimen face the customer (not internal paperwork)?
- Is it transactional (price, cart, or hiring instructions when relevant)?
- Is the mark used as a source identifier (brand) and not just decoration?
- Does it match the applied-for goods/services and the exact mark?
Quick Q&A
What counts as a valid specimen for goods?
Labels, packaging, hangtags, product photos with the mark, or a live product page with price and a way to order.
What works for services?
Ads, brochures, or website pages that show the mark and clearly offer the services with contact or booking details.
Can I use a website screenshot?
Yes—if it shows the mark plus real buying or hiring signals (price, cart, checkout, order or booking instructions).
Are mockups or “coming soon” pages okay?
No. The USPTO needs current use in commerce, not plans or previews.
What if I’m not selling yet?
File Intent‑to‑Use now and submit your specimen later once sales or services begin.
Delays are what you want to avoid is trademark registration. The process is long enough when everything goes perfectly. Experience counts and knowing what specimens are acceptable will, and most importantly, will not work, avoid problems from the start.
Nathan Moore is a trademark attorney located in Nashville. Moore Law PC helps individuals and businesses successfully apply for and register trademarks nationwide.
