The Trademark Office requires a specimen of your trademark to register your trademark. A specimen is a sample of your trademark as used in commerce. It is real-life evidence of how you are actually using your trademark in the marketplace.
Do not use the ® (“circle R” symbol ) until the Trademark Office has issued your registration. If we submit a specimen with the ®, the Trademark Office could delay your application.
There are five primary types of acceptable specimens for apparel
- Labels or tags on the apparel
- Packaging
- Sales displays at the point of sale
- A webpage selling the apparel that:
- Contains a picture or textual description of the goods;
- Shows the mark in association with the goods; and
- Provides a means for directly ordering the goods, e.g., an order form.
See examples below
Ornamental uses do not function as trademarks and are not acceptable for a specimen.
A specimen that shows the trademark being used in a purely ornamental or decorative manner is not acceptable. A slogan or a design across the front of a t-shirt or hat is considered ornamental not an acceptable specimen.
An acceptable specimen must:
- Be a real example of how you use your trademark in commerce in providing your goods or services (not a mock-up, printer's proof, digitally altered image, rendering of intended packaging, or draft of a website that shows how your trademark might appear).
- Show your trademark used with the goods or services listed in your application.
- Depict the exact same trademark as shown on your drawing.
- Be your use of your trademark, not use by someone else, unless they are a licensee.
- Show your trademark used in a way that directly associates the trademark with the goods or services.
- Display your trademark so that consumers would perceive it as a source indicator for the goods or services in your application (it functions as a trademark).
Examples of acceptable specimens for apparel
The trademark is on the goods themselves. For example, you could submit a photo showing your trademark on a label sewn on the neckband of a t-shirt, on the yoke, on one breast, or on a sleeve cap.
The trademark is on the label or tags for the goods. For example, you could submit a photo of the goods showing your trademark on a label.
The trademark is on the packaging. For example, you could submit a photo of your goods showing your trademark on the packaging.
The trademark is on a sales display where the goods are sold. For example, you could submit a photo of a display stand or sign showing your trademark. The display must show use of the trademark directly associated with the goods and the use must be of a point-of-sale nature. Folders, brochures, or other materials that describe goods or their characteristics or serve as advertising are not acceptable displays.
The trademark is on a webpage selling the goods. For example, you could submit a screenshot from a webpage prominently displaying your trademark. The webpage must be of a point-of-sale and show the trademark directly associated with the goods. If there is no means for ordering the goods, the webpage is an advertisement, not a point of sale. Links to “More Information,” “Contact us,” or “Where to Buy” are not acceptable to show a point-of-sale.
The Trademark Office provides additional USPTO Example Specimens.
If you have additional questions about specimens or trademark registrations, please call us at (303) 665-9845.