Digital Mockups & Specimen Requirements
Software and app companies rarely have a physical product to photograph, so their specimen is almost always a screenshot. That works, but only when the page shows the mark tied to the actual software or service, and when the class you chose matches how the software is really delivered.
When a screenshot is the right specimen
A website page is a valid specimen for services when it advertises or renders the services under the mark, and it can be a valid specimen for downloadable goods when it shows the mark associated with the software and gives buyers a way to order it. The distinction matters, because the same screenshot can be accepted for one claim and refused for the other.
What the screenshot must show
- The mark, displayed prominently and in the same form as the mark in your application.
- A direct reference to the services or to the software itself, not just the company name in the header or footer.
- The URL of the page, so the attorney can confirm where the specimen came from.
- The date you accessed or printed the page, which establishes that the use is current.
- For goods, a way to order or download the product; for services, a way to learn about or obtain the service.
Downloadable software versus software as a service
The USPTO no longer accepts a bare claim of computer software. You have to say how the software reaches the customer and what it does, and that answer decides the class.
| How it reaches the customer | Class and wording | Specimen that fits |
|---|---|---|
| The customer downloads and installs it | Class 9, downloadable software, described by function such as downloadable mobile applications for meal planning | A store or product page showing the mark, the downloadable software, and a way to order or download it |
| The customer uses it in a browser and you host it | Class 42, software as a service featuring software for meal planning | A website page showing the mark, a description of the hosted service, and how to sign up |
| It is sold on a physical disc or drive | Class 9, recorded computer software on a specified medium | A photograph of the packaging or disc showing the mark |
| You also sell consulting or integration work | Add Class 42 or Class 35 for those services | Material showing the mark with the consulting services specifically named |
Mockups, renders and unreleased designs
- A rendering of physical packaging is not a specimen, because a specimen must show goods already sold in commerce.
- A mockup of a website that has not launched is not a specimen either, since the services are not yet being rendered.
- Renders are useful as supporting evidence of planned use, and can help an intent-to-use filing later, but they do not prove use today.
- Once the product or site is live, take a fresh screenshot. A pre-launch mockup on file is a classic refusal trigger.
- An app store listing is often the cleanest goods specimen, because it shows the mark, the application and the download button together.
Common refusals for digital specimens
- The page shows the mark but never mentions the services in the identification.
- The mark appears only as part of the domain name or the company name in the footer.
- The page has no URL and no access date, so the attorney cannot verify it.
- The screenshot shows a download offered, but not the mark associated with the downloadable goods, which is the digital download gambit.
- The class says downloadable software while the specimen shows a browser-based service, or the reverse.
You cannot broaden or switch the nature of your goods after filing. Choosing Class 9 when you deliver a hosted service can leave the application unfixable, and a new filing means paying the $350 per class base fee again.
Frequently asked questions
Can a website screenshot be a specimen for downloadable software?
Yes, if it shows the mark associated with the downloadable software along with a way to order or download it. A page that only mentions a download without tying the mark to the goods is commonly refused.
Do I file in Class 9 or Class 42 for my SaaS product?
Class 42, as software as a service. Class 9 is for software the customer downloads and installs. If you offer both, you generally need both classes and two base fees.
Is a mockup of my app screen acceptable?
Not as a specimen, because a specimen must show actual use in commerce. A mockup can support an intent-to-use filing, but you must submit real evidence once you start selling.
Do I need the URL and date on every website specimen?
Yes. The USPTO requires the URL and the date you accessed or printed the page so the attorney can confirm the specimen is real and current.
More in Trademark Registration
Specimens of Use Guide
What counts as real use in commerce, and what gets a specimen refused.
Specimen Checklist
Walk this list before you hit submit on a specimen.
Classes & Goods/Services Search
Match your goods or services to Nice classes before you pay the class fees.
Trademark Name Generator
Brainstorm candidate names and see which ones are risky before you search.