A trademark specimen is a real-world example showing how you actually use your mark in commerce: a photo of a product label, a tag, packaging, or a web page where the goods can be bought, or, for services, an ad, website, or sign that ties the mark to the services you offer. The USPTO requires one specimen per class with every use-based application, statement of use, and post-registration declaration of use. If the specimen does not show the mark in actual use with the listed goods or services, the examining attorney will refuse it, and you will usually need a substitute specimen backed by a sworn declaration.
Why the USPTO Requires a Specimen
The Lanham Act defines “use in commerce” differently for goods and services (15 U.S.C. § 1127). For goods, the mark must be placed on the goods, their containers, tags or labels, or displays associated with the goods, and the goods must be sold or transported in commerce. For services, the mark must be used or displayed in the sale or advertising of services that are actually rendered in commerce.
The USPTO’s rule on specimens, 37 C.F.R. § 2.56, turns that definition into a filing requirement. Section 2.56(a) requires one specimen per class for applications based on use under Section 1(a), amendments to allege use, statements of use, and Section 8 and Section 71 declarations. The examining attorney can also ask for more specimens when needed for proper examination.
Acceptable Specimens for Goods
Under 37 C.F.R. § 2.56(b)(1), a trademark specimen for goods must show the mark on the goods, on containers or packaging, on labels or tags affixed to the goods, or on a display associated with the goods. The Trademark Manual of Examining Procedure (TMEP) collects the acceptable types in § 904.03, including:
- Labels and tags, such as a hangtag on clothing or a label on a bottle (TMEP § 904.03(a))
- Stampings or engravings on the product itself (TMEP § 904.03(b))
- Commercial packaging, such as a printed box or bag (TMEP § 904.03(c))
- Point-of-sale displays associated with the goods, such as shelf signage or a display next to the goods (TMEP § 904.03(g))
- Catalogs that include ordering information (TMEP § 904.03(h))
- Web pages that qualify as electronic displays associated with the goods (TMEP § 904.03(i))
TMEP § 904.04 lists what does not work for goods. The most common problem is advertising. Brochures, press releases, and promotional web pages that only tell buyers about the product are advertising, and TMEP § 904.04(b) says advertising material is generally not an acceptable specimen for goods, even though the same kind of material can work for services.
Acceptable Specimens for Services
Because services are intangible, the rule is broader. A service mark specimen must show the mark “as used in the sale of the services, including use in the performance or rendering of the services, or in the advertising of the services,” and it must show a direct association between the mark and the services (37 C.F.R. § 2.56(b)(2); TMEP § 1301.04). Acceptable service specimens often include:
- A website page that displays the mark alongside a description of the services offered
- Brochures, print ads, and broadcast or online advertisements for the services
- Signage at the location where the services are provided
- Letterhead, business cards, or invoices, if they create a direct association between the mark and the services (TMEP § 1301.04(h)(i))
- Screenshots of the mark as it appears while the services are being rendered, such as a software-as-a-service login or dashboard screen
The mark and the services need to appear together; a business card showing only a company name, with nothing indicating what the business does, is often refused.
Web Page Specimens: URL, Access Date, and a Way to Buy
Two separate rules apply to web page screenshots. First, every web page specimen must include the URL and the access or print date (37 C.F.R. § 2.56(c)). Cropping out the address bar or date is an easy way to get a specimen refused.
Second, for goods, the web page must work as a “display associated with the goods.” TMEP § 904.03(i) says a web page qualifies if it (1) contains a picture or textual description of the goods, (2) shows the mark in association with the goods, and (3) provides a means of ordering the goods. The ordering element is critical. Under TMEP § 904.03(i)(C), a page with no way to purchase the goods is merely advertising. A shopping cart or “buy” button, ordering instructions, or a phone number designated for orders can satisfy the requirement. A company homepage showing a logo and general product information usually does not.
Digitally Altered and Mockup Specimens
The USPTO does not accept artist’s renderings, printer’s proofs, computer illustrations, or “similar mockup[s] of how the mark may be displayed” (37 C.F.R. § 2.56(c)). TMEP § 904.04(a) extends this to images of goods, packaging, or service advertising that have been digitally created or altered to include the mark. These are refused under Sections 1 and 45 of the Trademark Act because they do not show actual use in commerce.
Examining attorneys are trained to look for warning signs. TMEP § 904.04(a)(ii) lists indicators such as a mark that appears to float over the product, pixelization around the mark, a product that looks like a digital rendering, goods known to be sold under someone else’s mark, and website screenshots with placeholder text or missing URLs. When an examining attorney refuses a specimen as apparently altered, the office action must also include a request for information under 37 C.F.R. § 2.61(b), which can require proof of sales, the source of the image, and examples of how the mark is actually used.
The practical rule: photograph the real product, packaging, or live web page. Do not edit the mark onto a stock image or a supplier’s photo.
Ornamental Refusals
A specimen can show real use and still be refused because the mark does not function as a trademark. The most common version is the ornamental refusal under TMEP § 1202.03. Matter that is merely decorative, such as a slogan printed across the front of a T-shirt, does not identify the source of the goods and is refused under Sections 1, 2, and 45. TMEP § 1202.03(f)(i) notes that slogans on shirts, jewelry, and similar items are often perceived as a message rather than a brand.
The usual fix is to show the mark in a source-identifying location, such as a hangtag, neck label, or packaging. For more on this family of refusals, see our guide to the failure-to-function doctrine.
How to Respond to a Specimen Refusal
A specimen refusal arrives in an office action. Under 37 C.F.R. § 2.62, the response period is three months from the issue date for most applications, and it can be extended once by three more months for a fee. See our posts on what to do after a USPTO office action and the office action response period.
TMEP § 904.04(a)(iii) describes three basic options when a specimen is refused as not showing use: submit a verified substitute specimen, amend the filing basis to intent to use under Section 1(b), or argue that the original specimen is acceptable.
A substitute specimen must be supported by a verified statement under 37 C.F.R. § 2.59. The date the substitute must have been in use depends on the filing basis:
- Use-based (Section 1(a)) application: in use in commerce at least as early as the application filing date
- Amendment to allege use: in use before the amendment was filed
- Statement of use: in use before the statement of use was filed or before the deadline for filing it expired
If you cannot truthfully make that statement, do not sign it. In a Section 1(a) application, amending to Section 1(b) lets you keep your filing date and submit a proper specimen later through a statement of use. If the dates of use change because of the new specimen, the dates of use must also be amended (TMEP § 904.05).
The Risk of False Specimens
Submitting a fake specimen can cost far more than a refusal. The USPTO has warned about “specimen farm” websites built only to generate images of products that appear to be for sale, and it invites third parties to challenge those filings through letters of protest, cancellation proceedings, and expungement or reexamination petitions.
The USPTO also issues administrative sanctions orders for rule violations. According to its administrative sanctions process page, sanctions can include giving no weight to a submission, terminating the application, barring a person from filing documents in trademark matters, and deactivating USPTO.gov accounts. In August 2025, the USPTO sanctioned a foreign filing firm and terminated more than 52,000 applications and registrations connected to it, citing misconduct that included fake specimens of use.
Outside the USPTO, a registration obtained through fraud can be cancelled, and 15 U.S.C. § 1120 makes a person who procures a registration by a false or fraudulent declaration or representation liable for damages to anyone injured. Declarations filed with the USPTO also warn that willful false statements are punishable under 18 U.S.C. § 1001, so every specimen and date of use should be accurate.
Specimens After Registration
The specimen requirement does not end at registration. A Section 8 declaration of use, due between the fifth and sixth years after registration and again with each ten-year renewal, must include one specimen per class showing how the mark is currently used (37 C.F.R. § 2.161(a)(7)). The same § 2.56 standards apply, so a renewal specimen should show today’s packaging, labels, or website, not the photo filed years ago.
Getting Specimens Right the First Time
Before filing, confirm that your specimen shows the mark exactly as it appears in your drawing, ties it to the listed goods or services, and comes from real use. Revision Legal reviews specimens as part of our trademark registration services and responds to specimen refusals for clients nationwide.
Frequently Asked Questions
What is an acceptable specimen of use for a trademark?
For goods, an acceptable specimen shows the mark on the product, its packaging, a label or tag, or a point-of-sale display, including a web page with a way to order the goods. For services, it can be advertising, a website, or signage that shows the mark together with the services. It must show real use in commerce, not a mockup (37 C.F.R. § 2.56).
Why was my trademark specimen refused?
Common reasons include using advertising as a specimen for goods, a web page with no URL or access date, a web page with no way to buy the goods, a mark that does not match the drawing, a digitally altered or mockup image, or a mark used only as decoration. The office action will state the specific ground for the refusal.
Can I submit a new specimen after a refusal?
Yes. You can file a substitute specimen with a verified statement under 37 C.F.R. § 2.59 that it was in use by the required date, which for a use-based application is the filing date. If you cannot make that statement, you may be able to amend the application to an intent-to-use basis and file a specimen later.
Is a screenshot of my website an acceptable specimen?
It can be. Every web page specimen must show the URL and the access or print date. For services, the page should display the mark with a description of the services. For goods, the page must show the goods, show the mark with them, and provide a means of ordering, such as a shopping cart or ordering instructions.
What happens if I submit a fake or altered specimen?
The specimen will be refused, and the examining attorney may demand proof of actual use. The USPTO can also issue sanctions that include terminating the application, and a registration obtained through fraud may be cancelled. A false declaration of use can also expose the filer to civil liability under 15 U.S.C. § 1120.
