The Service
What a specimen is and why it matters.
A specimen is real-world evidence that your trademark is being used in commerce in connection with the specific goods or services it is registered for. The USPTO requires a specimen at several points in the trademark process: when you convert an intent-to-use application to an active registration by filing a Statement of Use, when the examiner requests one during prosecution, and when you file your maintenance declarations to keep your registration alive.
The specimen requirements are more specific than most people expect. It is not enough to show your logo or your business name in isolation. The specimen must show the mark being used in direct connection with the goods or services identified in your application. For goods, that typically means a product label, packaging, or a photograph showing the mark on the product itself. For services, it typically means a website screenshot, brochure, or advertisement that shows the mark alongside a description of the services offered.
A rejected specimen does not just delay your filing. It can jeopardize the entire application. If the USPTO issues an office action for an unacceptable specimen and it is not corrected within the response deadline, your application can be abandoned. For maintenance filings, a rejected specimen can trigger cancellation of your registration if not resolved in time.
Armani reviews your proposed specimen before it is submitted to confirm it meets the USPTO's current standards for your specific goods or services. If what you have does not qualify, she advises on what will before anything is filed.
What's Included
Everything in the flat fee.
Who It's For
Anyone who needs to show the USPTO their mark is in use.
Specimen submission comes up at multiple points in the trademark process. These are the most common situations.
Process
From specimen review to confirmed filing, step by step.
Submit your application or registration number, the type of filing you need, and your proposed specimen. Include the goods or services your mark is registered for so Armani can assess whether your specimen meets the USPTO's requirements for that specific category.
Armani reviews your proposed specimen against the current USPTO standards for your type of goods or services. If it qualifies, she confirms it is acceptable and prepares it for submission. If it does not qualify, she advises on what will and waits for you to provide something acceptable before anything is filed.
The appropriate filing is prepared and submitted to the USPTO with the approved specimen. For Statement of Use filings, the full declaration is prepared. For maintenance filings, the specimen is included as part of the Section 8 or combined renewal package.
The USPTO reviews the filing and specimen. If accepted, your application moves forward or your maintenance filing is confirmed. Armani monitors for any follow-up examiner requests and handles them promptly within the response window.
Specimen Requirements
What the USPTO considers an acceptable specimen.
Specimen requirements differ depending on whether your mark is registered for goods or services. Here is a general overview. The specifics depend on your exact goods and services, which Armani reviews on a case-by-case basis.
For Goods
Specimens for goods must show the mark being used on or in direct association with the physical product. Acceptable examples typically include:
For Services
Specimens for services must show the mark being used in connection with the actual rendering or advertising of the specific services. Acceptable examples typically include:
A logo displayed in isolation, a business card showing only your name and contact information, or a social media profile image are generally not acceptable specimens. The specimen must connect the mark to the specific goods or services identified in your application.
Pricing
Flat fee by filing type. USPTO fees additional.
USPTO fees are additional and vary by filing type. Statement of Use filings carry a per-class government fee. Extension of time requests also carry USPTO fees. Armani confirms the exact fees that apply to your specific filing before any work begins. There are no surprises after engagement starts.
Get Started
Ready to submit your specimen? Start here.
Complete the intake form below with your application or registration details and your proposed specimen. Armani will review and advise before anything is filed with the USPTO.
FAQ
Questions about specimen submission.
The most common reasons for specimen rejection are that the mark is not shown in direct connection with the specific goods or services identified in the application, the specimen shows the mark in isolation without context, or the specimen is decorative rather than source-identifying. For services, the examiner often rejects specimens that do not explicitly reference the services being offered alongside the mark. A logo on a letterhead, a business card, or a standalone social media profile image typically does not qualify. The specimen must connect the mark to the commercial offer of the specific goods or services in the registration.
A Statement of Use is the filing that converts an intent-to-use trademark application into an active registration once your mark is in commercial use. When you file on an intent-to-use basis, the USPTO issues a Notice of Allowance after your application is approved. From that point, you have six months to either file a Statement of Use showing the mark in actual use, or file a six-month extension of time request if you need more time. You can request up to five extensions, giving you up to three years from the Notice of Allowance to begin use and file the Statement of Use. Miss all of those deadlines and your application is abandoned.
Sometimes, but not always. For goods, a website screenshot can be acceptable if it shows the mark in direct association with the specific goods being sold and includes a means for placing an order, such as a shopping cart or purchase button. A page that only shows a product image with the mark but no ability to purchase may not qualify. For services, a website screenshot is generally more straightforward as long as it shows the mark alongside a description of the specific services being offered. The URL and date should be visible in the screenshot. Armani reviews your specific screenshot before submission to confirm it meets the current standard.
If your product is not yet in commercial use, you can file an extension of time request to preserve your filing date and application while you continue toward launch. Each extension gives you an additional six months, and you can request up to five extensions for a total of 36 months from your Notice of Allowance date. Each extension requires a USPTO fee and a declaration that you still have a bona fide intent to use the mark. Once your product launches, you file the Statement of Use with an acceptable specimen to complete the registration. Contact Armani as soon as your deadline is approaching so nothing lapses.
No. Specimen submission is a separate step that happens after an application is already on file. It is used to prove your mark is in active commercial use, either to convert an intent-to-use application to a registration, to respond to an examiner request during prosecution, or to satisfy the ongoing use requirements for maintenance filings. If you need to file a new trademark application, see the Standard Filing or Premium Filing pages.
If you filed in multiple classes and your mark is only in use in some of them, you have a few options. For a Statement of Use, you can file for the classes where use has begun and request an extension for the remaining classes while you work toward use in those categories. For maintenance filings, if use in a class has permanently ceased, that class may need to be deleted from the registration rather than maintained with a false declaration of use. Armani advises on the best approach for your specific situation to keep as much of your registration intact as possible without making inaccurate representations to the USPTO.