A Guide to Acceptable Specimens
To register a trademark, the USPTO requires proof of real-world use—how customers actually encounter your brand when buying whatever it is that you’re selling. This proof is called a specimen of use and it’s essential to getting your trademark registered.
Submitting a strong specimen helps ensure your trademark moves through the process without delays — and protects your rights once it registers.
For a physical product, the specimen is usually easy—it’s on the packaging. Trademarks for services are trickier.
The Fine Print
A specimen for a service mark has to show the mark being used in commerce and also show a direct connection between those services and the mark.
The USPTO looks for three elements:
- A Clear Description of the Services Offered: The webpage must explicitly reference the services associated with the trademark. For example:“BOAG LAW offers intellectual property litigation services.”
- A Prominent Display of the Trademark: The trademark must appear on the same page as the service description and be easily identifiable. This includes logos, stylized word marks, or standard character marks placed near the service reference.
- A Direct Association with a Commercial Offering” There must be a clear and immediate way for consumers to act on the services—such as contacting or purchasing. “Click here to schedule a consultation”
Examples of Service Mark Specimens
➤ Website or Landing Page
• Displays your business name/logo (the mark)
• Clearly describes your services
• Provides a way to sign up for, or book services (e.g., form, phone number)
➤ Email Marketing or Newsletter
• Sent to actual or prospective clients
• Includes your name/logo
• Promotes your services (not just general updates)
➤ Proposal, Invoice, or Engagement Letter
• Sent to a real client (you may redact confidential info)
• Includes the mark
• Describes the services being provided
➤ Social Media Profile or Post
• Shows the mark (e.g., profile image, post content)
• Mentions or describes the services
• Is publicly viewable
What the USPTO Will Not Accept
Below are some examples of what will not meet USPTO requirements:
- Domain name registrations without a website
- A logo or name without a service description
- Business cards without services listed
- “Coming soon” or inactive web pages
- Specimens where the mark used does not match the mark in the application. (“Dr. Dan Pet Care” is not the same as “Dr. Dan’s Pet Care” or “Doctor Dan Pet Care.”)
What the USPTO Will Not Accept
Book a free consultation today, and we’ll walk you through it step by step.