Practical preparation
Preparing a U.S. trademark specimen
A specimen is evidence of how a mark is actually used in commerce for the relevant goods or services. It is different from the mark drawing. A mock-up of intended use cannot establish a real commercial use that has not occurred.
Prepared by Trademarkora · Source check: 9 September 2026 · General information
Check the filing basis before collecting evidence
The filing basis determines when use evidence is required. For example, a use-in-commerce application and an intent-to-use application reach the evidence step differently. A foreign registration or Madrid basis introduces other requirements. The responsible U.S. professional should confirm the applicable basis rather than treating a specimen checklist as a basis decision.
Keep planned activity separate from actual activity. If a product has not been sold or a service has not been rendered, record that fact. Do not manufacture a purchase or backdate evidence to make the preparation checklist look complete.
For goods, show the mark in its real commercial setting
The USPTO gives examples such as a mark on the goods, labels or packaging. A webpage submitted as a point-of-sale display needs the required association with the goods and purchasing information. The full context matters; a brand logo floating above an unrelated catalogue is not the same evidence.
Keep the original photograph or page capture. Record which listed product it shows, when it was used and how a customer could obtain the goods. These notes help the professional assess the evidence without requiring you to predict the examiner's decision.
USPTO: specimens and common refusal issues ↗USPTO: drawings, specimens and webpage details ↗
For services, show what is actually being offered
Service specimens may show advertising or a website where the mark is directly associated with the services. The service must actually be provided in the relevant commerce; a draft page announcing an unlaunched business does not make that fact true.
Prepare the service description, how customers encounter the mark and evidence of the service being rendered. Separate the store's retail service from the manufacturer's goods when both appear on one website.
Preserve the webpage URL and access date
A webpage specimen must include its URL and the date it was accessed or printed. Capture sufficient page context to identify the mark and the relevant goods or services. Keep the original record rather than replacing it with a redesigned marketing image.
Hypothetical examples: what to bring and what to flag
A photograph of a real product with the mark on its actual label is material to bring for review. A stock product photograph with the logo added digitally is a problem to flag, not a substitute. A real shop page may help explain use, but a page created solely to generate a specimen does not solve the underlying use question.
These examples explain preparation risks; they do not certify that a particular image qualifies. Include the actual goods, dates and filing basis for case-specific assessment.
USPTO: invalid specimens and fabricated e-commerce evidence ↗
Keep use filings and later work in the written scope
The existing U.S. guide explains filing bases and later maintenance. Use filings, extensions, office-action responses and other work must be checked against the agreed engagement. The standard published filing price is not a promise that every later procedural step is included.
Sources and review scope
This source-based article was prepared by Trademarkora. Source checking is separate from a completed human legal review. No individual attorney review is claimed; the examples are hypothetical and do not describe client matters. Confirm the rules and your individual circumstances before acting.
Continue with the right filing scope
Start a free preliminary checkFor a proposed new filing. No payment or government filing at this step. Contested matters require a separate service scope.