Trademark Specimens
Have you received a Notice of Allowance? If so, that is great news!
This means the USPTO has given your trademark initial approval and no other company opposed your application during the publication period. In other words, your mark has cleared the major hurdles, but the process is not finished yet.
To move forward, you must file either a Statement of Use. This filing requires proof that you are actually using the trademark in commerce in connection with the goods or services listed in your application. The USPTO requires real world evidence, known as specimens, showing the mark as it is currently being used.
Mockups, prototypes, or websites labeled “coming soon” or “sold out” do not qualify as use in commerce. If the product or service is not yet being offered, the USPTO will not accept it. Only trademarks that are actively and legitimately used in commerce can proceed to registration.
Next Steps
You must provide specimens/evidence to show you are using the trademark. Simply having a word mark, logo, or slogan on your website is not enough. If you have an application for goods, the trademark (exactly as filed) will need to be affixed to your products, or on the packaging. If you are offering services, the trademark (exactly as filed) will need to be on your marketing/advertising materials with information about the services you offer. Please see below for appropriate examples.
Specimens for goods
The goods themselves
For physical goods, strong trademark evidence shows the mark directly on the product itself, as consumers encounter it in real world use. For example, if you filed for drinkware, a clear photo of your trademark printed or etched on the bottom of a coffee mug or water bottle is ideal evidence because it shows the mark permanently associated with the product being sold.
Another solid example is for packaged goods or durable products, such as electronics or home items. A photo showing your trademark molded into the casing of a speaker, printed on the surface of a candle jar, or engraved on the back of a kitchen appliance demonstrates legitimate use in commerce. This type of evidence confirms that the trademark is not just advertising, but is actually identifying the source of the goods themselves.
Labels and tags for the goods
For example, you could submit a photo showing your trademark on a label sewn on the neckband of a t-shirt, a photo of the goods showing your trademark on a label. The label or tag should include information typically found on goods sold in the marketplace, such as net weight or volume, a UPC or barcode, a list of contents or ingredients, or similar informational matter. This type of information helps confirm that the trademark is being used in real commercial sales, not merely for promotional or mockup purposes.
Packaging for the goods
For example, you could submit a photo showing your trademark on a laundry detergent box, or on a shoe box.
Sales displays where the goods are sold
For example, you could submit a photo of a counter display showing your trademark along with hair-care products in a beauty salon that uses those products.
Webpages selling the goods
For example, you could submit a screenshot of your website showing your product for sale with the trademark on or in close proximity to the product, the price, and a shopping cart button. If the products are not currently for sale, sold out or coming soon they will not be accepted.
Specimens for services
Online advertising or printed matter showing a direct link association between your trademark and the services
For example, you could submit a photo or screenshot of your website’s services page where your trademark is clearly visible and there are a few paragraphs about your services in close proximity to the trademark.
Television and radio commercials for the services
For example, you could submit an MP3 file of a radio commercial for your car wash business.
Marketing material showing a direct association between your trademark and the services
For example, you could submit a scanned copy of brochures and leaflets advertising or marketing your educational conference.
Signage where the services are rendered
For example, you could submit a photo of business signs on the front of a tax accountant business.
Material used in the providing/rendering of the services
For example, you could submit:
A photo or scanned copy of a menu for bar.
A photo of a band performing on stage with the band's name displayed during the performance (example: the band’s name on the band's drum) for live musical entertainment services.
A screenshot of the title and launch screens for ongoing television programs and video game entertainment services.
Business cards and letterhead showing a direct association between your trademark and the services
For example, you could submit a photo or scanned copy of business cards and letterhead that indicate you provide publishing services.
Need more time?
If you have not yet used your trademark in commerce, meaning you are not offering the services or products on your application in connection with your trademark, then you have approximately 6 months to begin using the trademark in commerce from the date you filed the application. If 6 months from filing is not enough time to start using your trademark, you have up to 3 years, in 6-month increments to provide evidence. You will need to file for an extension every 6 months, however, you should not wait until the last minute to file the extension. The government fee for each extension is $150.
If you have any questions, comments, or concerns, please reach out to me here.
Sources:
TMEP 904 specimens for goods
TMEP 1301.04 specimens for services