Specimen Checklist
Specimen refusals are the most avoidable problem in a trademark application, and almost all of them are visible before you file. Walk this checklist against the exact file you are about to upload, and fix anything that fails before the examining attorney sees it.
How to use this checklist
Open the file you plan to upload and answer each item honestly. If any answer is no in the goods section, your application probably should be an intent-to-use filing instead, because a specimen that does not show real use cannot be repaired by describing it differently.
Goods specimens
- The mark appears on the goods, on the packaging, or on a label or tag attached to the goods.
- The mark in the specimen matches the mark in the application, including spelling and design.
- The goods shown are the same goods listed in your identification.
- The specimen shows the goods as actually sold, not a mockup, rendering, or printer proof.
- The use is current, meaning the packaging or listing reflects what a buyer sees today.
- The file is legible and shows enough of the product for the attorney to understand it.
Services specimens
- The mark appears in advertising for the services or in material showing the services being rendered.
- The specimen specifically references the services in your application, not just your company name.
- The specimen shows a way for a customer to learn about or obtain the services.
- If it is a webpage, the URL and the date you accessed or printed the page are visible.
- The services shown are actually being performed under the mark, not merely announced as coming soon.
- The specimen ties the mark to the services rather than to unrelated company news.
Format and file rules
- Use a standard image or PDF format the USPTO can display, and keep the file within the upload size limit.
- Crop to the relevant part of the page or photo, but not so tightly that context disappears.
- Submit one specimen per class unless a single file genuinely covers every class you claimed.
- Keep a dated copy of every file you submit, since your submission becomes part of the official record.
Final pass before you submit
- Read your identification out loud and confirm the specimen shows exactly those goods or services.
- Confirm the mark spelling, capitalization, and design match the application record character for character.
- If a specimen is weak, either strengthen it or switch the basis to intent to use before filing.
- Check the filing date plan, because a rushed specimen is the main reason clean applications turn into office actions.
Submitting a specimen that misrepresents use can invalidate the whole registration and expose you to fraud claims. If you have no real use yet, file under Section 1(b) and pay the $150 per class Statement of Use fee later.
This checklist reflects ordinary examination practice and not a guarantee of acceptance. Examining attorneys decide each specimen on its own facts, and a specimen that passes for one set of goods can still fail for another.
Frequently asked questions
What if I have no specimen yet?
File under Section 1(b) intent to use. You get your filing date now and submit the specimen later with a Statement of Use at $150 per class, or with an Amendment to Allege Use if you start using the mark before approval.
Do I need one specimen per class?
Yes, unless a single specimen shows the mark used with everything in every class you claimed. Multi-class filings almost always need separate specimens.
Can I submit a screenshot of my online store?
Yes, if it shows the mark next to the goods, gives buyers a way to order them, and includes the URL and the access date. A page that only shows your company name is usually refused.
What date should appear on my specimen?
Ideally the date you accessed or printed a webpage, or a date showing the specimen reflects current use. The point is that the use is happening now, not that it happened once years ago.
More in Trademark Registration
Specimens of Use Guide
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Digital Mockups & Specimen Requirements
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