What Is a Trademark Specimen? (And Why It Gets Rejected So Often)
When you apply for a federal trademark with the United States Patent and Trademark Office (USPTO), you will be asked to submit a specimen of use. Many first-time applicants are surprised when their specimens get rejected, and those rejections often delay or derail the entire application.
In this post, I will explain what a specimen is, share examples of what works (and what does not), and give you tips to avoid the most common pitfalls.
What Is a Specimen?
A specimen is real-world evidence showing how you actually use your mark in commerce, not just how you plan to use it. The USPTO requires specimens to confirm that a trademark is not just an idea or design on paper, but a brand actively being used in connection with real goods or services.
Think of it as proof that your brand is live in the marketplace.
Examples of Acceptable Specimens
The type of specimen you submit depends on whether you are protecting a trademark for goods or a service mark for services.
For Goods (Products):
Product labels or packaging showing the mark (for example, a coffee bag with your logo).
Tags or stickers attached to the goods.
Website screenshots clearly showing the product with the mark and a way to purchase (for example, “Add to Cart” button).
For Services:
Business website homepages offering the service and displaying the mark.
Advertisements, flyers, or brochures showing the service and the mark.
Service contracts or invoices identifying the service with the mark.
Why Specimens Get Rejected
Even legitimate businesses get tripped up here. The most common reasons the USPTO refuses a specimen include:
Mock-Ups Instead of Real Use
Submitting a digital mock-up or Photoshop image of a logo on a t-shirt, bottle, or website is not acceptable. The USPTO wants evidence from actual marketplace use.Social Media Alone
A Facebook or Instagram post showing your logo is not enough unless it clearly offers the goods or services for purchase.Not Tied to the Goods or Services
The mark must appear directly on the product, its packaging, or in connection with the service. A business card with just a logo is not sufficient.No Point-of-Sale Connection
A webpage showing a logo without a way to order the product fails. The USPTO requires a clear purchase connection.
Quick-Reference Specimen Guide ✅ vs. ❌
For Goods (Products)
✅ Works:
Product packaging with the mark.
Clothing tags or product labels.
E-commerce screenshots with the mark and purchase button.
❌ Fails:
Mock-ups or design proofs.
Social media posts showing the mark but no way to buy.
For Services
✅ Works:
Service websites with booking or contact options.
Advertisements or flyers displaying the mark.
Invoices or contracts showing the mark tied to the service.
❌ Fails:
Business cards with just a logo.
Generic social media profiles with no actual service offering.
Why This Matters
Submitting the wrong specimen is one of the top reasons trademark applications are delayed or denied. Each rejection can mean extra time, extra money, and sometimes even losing rights to your mark.
Working with a trademark attorney ensures your specimen meets the USPTO’s technical requirements the first time. At Carson Legal Strategies, I review your brand’s materials and guide you to the strongest evidence so your application does not hit unnecessary roadblocks.
Need Help With a Trademark Application?
If you are struggling with your USPTO application, or if you have received an Office Action rejecting your specimen or other parts of your filing, do not go through it alone. Trademark law is technical, and the USPTO has strict requirements that can be confusing and frustrating for business owners.
At Carson Legal Strategies, I help entrepreneurs, creatives, and small businesses file strong applications, respond to Office Actions, and protect their brands.
Schedule a consultation today to get your trademark back on track with the First-Class Attorney™ experience your brand deserves.