The USPTO has a good write up about what consitutes a valid specimen for:
- Trademarks
- Service Marks
Although this might seem surpising, there is a distinction between what cosntitutes a valid specimen based upon the type of mark for which registration is sought: Mark Specimen.
Regarding Federal Trademarks:
A specimen for goods (products) usually shows the mark on the actual goods, on labels/tags affixed to the goods, on packaging, or in a product display for the goods (like a window display). Advertising materials are generally not acceptable as a specimen for goods, nor are materials used to carry out your daily business (e.g., invoices, packing slips, etc.).
The USPTO typically accepts the following specimens for goods:
- A photograph of the product showing the mark directly on the product (e.g., the bottom of a coffee mug)
- Product labels and tags showing the mark (e.g., the label on a t-shirt)
- Product packaging showing the mark (e.g., detergent soap packaging)
- Signage used in a product display at a store (e.g., a photograph of the display)
- A webpage showing or describing the product near the mark and with purchasing information (e.g., a webpage showing a photograph of a computer laptop, the mark for the laptop appearing above the photograph, the price appearing below the photograph, and a shopping cart button/link appearing on the page)
- For downloadable software, copies of the instruction manual and screen printouts from (1) web pages showing the mark in connection with ordering or purchasing information or information sufficient to download the software, (2) the actual program that shows the mark in the title bar, or (3) launch screens that show the mark in an introductory message box that appears after opening the program
Regarding Federal Service Marks:
A specimen for services generally shows the mark used in the sale, rendering, or advertising of the services. A consumer should be able to directly associate your mark with the services you identified in the application on the specimen.
The USPTO typically accepts the following specimens for services:
- Print or Internet advertising*
- Brochures and leaflets*
- Menus for restaurants
- Business cards and letterhead*
- Marketing and promotional materials*
- A photograph of business signage and billboards
- A photograph of a musical band performing with the band's name displayed during the performance (e.g., on the band's drum)
- *Specimens consisting of advertising, marketing, and/or promotional materials must show a direct association between the mark and the services. However, if your mark itself references the services, the specimen would show a sufficient direct association (e.g., ABC MEDICAL for a medical clinic).
This brief overview of some important considerations associated with federal trademark law is by no means comprehensive. Always seek the advice of a competent professional when making important financial and legal decisions.
