The United States is one of the few countries that requires specimens of use for trademarks filed (if based on intent to use) or registered with the USPTO. Specimens of use are required to maintain and renew a trademark registration after a few years.
What is a Specimen of Use?
A specimen of use for the US is evidence showing your trademark being used on the relevant goods/services applied for.
Most trademark owners are not sure what qualifies as an acceptable specimen of use. Acceptable specimens of use include:
For goods/products:
Pictures of the trademark being used/applied on the product itself,
Product labels or hangtags showing the trademark being used on the relevant goods being sold in the US, for example, wine bottle labels, container labels for health supplements, neck labels for t-shirts,
Packaging showing the trademark being used on the relevant goods being sold in the US, for example, boxes or bags, containers.,
Webpages showing the trademark being used on goods/products sold online in USD and that can be ordered from the webpage.
For services:
Webpages showing the trademark being used on the relevant services in the US,
Brochures showing the trademark being used on the relevant services in the US,
Leaflets showing the trademark being used on the relevant services in the US,
Newspaper, magazine advertisements showing the trademark being used on the relevant services in the US,
Signage or billboards for retail services.
Invoices and purchase orders are not acceptable specimens.
We understand that filing and registering a trademark in the United States can be daunting if you are not fully apprised on the process and requirements. Before taking the right steps, you might have a lot of questions because the idea of a trademark is to protect your business interest as well as maximize your revenue. If you would like to know more about registering your trademark in the US, including identifying acceptable specimens of use, searching for a trademark, or responding to USPTO Office Actions, and would like us to help you, click here to write to us for a fee quote or schedule a short call with one of our trademark attorneys. For small businesses and startups, we offer special consultation rates. Get in touch with us today!