Trademark specimen: Proof you actually use the mark in commerce, not just applied. 40% of US trademark applications get office action for insufficient specimens. Website screenshot showing mark + product + buy button = usually acceptable. Social media post = usually rejected.
What Qualifies
Goods: Specimen must show mark on the product itself, packaging, labels, tags, or point-of-sale displays. Mark must appear with the actual goods. Advertising alone doesn't count.
Services: Website showing mark + description of services + way to order/contact. Invoice or contract showing mark in provision of services. Advertising works for services if it shows mark used in sale/advertising of services.
Acceptable Specimens
Products: Photo of product with mark visible. Packaging or label showing mark. Hang tag. Point of sale display. Amazon listing page showing mark on product. Physical goods need physical evidence.
Services: Website homepage showing services offered under the mark. Screenshot of booking/ordering page. Email confirmation with mark + service description. Receipt from service transaction.
Rejected Specimens
Mockups or renderings: Must be actual product, not concept design. USPTO wants proof of real commerce, not intent.
Domain name registration: Owning domain isn't use. Need to show website actively offering goods/services under mark.
Social media post: Unless it's direct sale via social commerce with buy button visible. Instagram photo = not enough. Instagram shop checkout = acceptable.
Website Screenshots
Must show: Mark clearly visible, goods/services described, ability to purchase/order (buy button, contact form, booking system). URL should be visible in screenshot to prove it's your site.
Not enough: Homepage with just logo. Need to show mark used in connection with specific goods/services. Screenshot must capture mark + offering + call to action.
Timing Requirements
US: Specimen must show use before filing date (if filing based on use) or before submitting Statement of Use (if filing intent-to-use). Can't be dated after filing.
EU: First use date claimed should match specimen evidence. If you claim 2020 first use, provide 2020 specimen. Inconsistency triggers cancellation proceedings.
Multiple Classes
Need separate specimen for each class. Can't use one product photo for goods in Classes 9, 18, and 25. Each class needs evidence of use for goods/services in that specific class.
Filing 5 classes? Prepare 5 different specimens. Common mistake: Submit one screenshot for all classes. Each gets separate review.
Digital Goods
Software: App store listing showing mark + download button. Screenshot of software interface with mark visible. License agreement with mark in header.
Downloadable content: Website page showing mark + description + download/purchase option. Confirmation email showing mark + access to download.
International Variation
UK/EU: More flexible than US. Advertising can qualify as use for goods if it's widespread. Invoice showing mark + goods shipped = gold standard.
Australia: Website evidence usually acceptable. Physical goods should show photo of packaging or label. Services need invoices or website showing ability to book.
Canada: Similar to US requirements. Point of sale evidence for goods, advertising/website for services. Screenshots must show date or independent verification.
Renewal Specimens
US: Section 8 declaration (year 5-6) and Section 9 renewal (year 9-10) both require NEW specimens showing current use. Can't reuse filing specimen. Must prove continued use.
Stopped using mark? Can't renew. Trademark rights depend on continuous commercial use. 3 years non-use = abandonment risk.
Best Practices
Date your specimens: Include timestamp in screenshot or photo metadata. Proves use before filing deadline. Use dated receipts, invoices, order confirmations.
Show context: Don't crop too tightly. Include enough surrounding elements to prove it's real commerce, not mockup. Wide screenshot better than tight crop.
Multiple examples: Submit 2-3 specimens per class if possible. Shows consistent use. Provides backup if examiner questions one specimen.
Trademark Lens checks name availability - specimen evidence requirements apply after filing, so have proof of use ready before applying if filing based on current use.