What is a specimen?
A specimen is a real-world example of how the mark is actually used on the goods or in the offer of services. Labels, tags, or containers for the goods are considered to be acceptable specimens of use for a trademark. For a service mark, specimens may be advertising such as magazine advertisements or brochures. Actual specimens, rather than facsimiles, are preferred. However, if the actual specimens are bulky, or larger than 8″ x 11″, then the applicant must submit facsimiles, (e.g., photographs or good photocopies) of the specimens. Facsimiles may not exceed 8″ x 11″. ONE SPECIMEN IS REQUIRED FOR EACH CLASS OF GOODS OR SERVICES SPECIFIED IN THE APPLICATION. Specimens are required in applications based on actual use in commerce, Section 1(a), 15 U.S.C. 1051(a), and must be filed with the Amendment to Allege Use, 15 U.S.C. 1051(c) , or the Statement of Use, 15 U.S.C. 1051(d), in applications based on a bona fide intention to use the mark in commerce, Section 1(b), 15 U.S.C. 1051(b). Spe
A specimen is an example of how a trademark is used on or in connection with goods and/or services. For a product or good, specimens might include labels, tags, or containers. For a service mark, a specimen may include advertising such as magazine advertisements or brochures. Specimens are required to be filed with applications that are based on actual use in commerce. Specimens are also required to be filed with intent-to-use applications once the mark is used in commerce.
A specimen is a sample of how the trademark is being used in commerce. In other words, a specimen is an actual example of the trademark that captures exactly how it would be encountered by purchasers of the goods or services. Proper specimens for goods include labels or tags affixed to the goods, containers for the goods, or a display associated with the goods. For services, a proper specimen may include advertisements, brochures, billboards, handbills, direct-mail leaflets, menus (for restaurants), or web pages that advertise services.
