If you file an in-use application, you must provide an acceptable specimen at the time you submit your application. The USPTO requires a specimen because it needs proof that you are actually using the mark in commerce and not just holding a mark to keep others from using it. A specimen is generally a photograph or screenshot of the mark in connection with the applicable goods/services.
Acceptable Specimens Chart
Below is a chart listing typical specimen types and the USPTO requirements for both goods and services trademark applications:
| Category | Example | Description/Requirements |
| Goods | Label on jeans or a tag on a shirt | The mark must be visible on the label or tag affixed to the product |
| Goods | The logo on a pair of sneakers or mark on the cover of a laptop | The mark must be visible and affixed directly on the product |
| Goods | The mark on a box containing a diamond ring | The mark must be visible on packaging in which the good is sold, shipped, or stored in the regular course of business |
| Services | Advertisements | A web ad where the mark is visible and the services are listed, or the type of services can reasonably be inferred |
| Services | Signage | Billboards, posters, brochures, etc. where the mark is visible and the services are listed, or the type of services can reasonably be inferred |
| Services | Website | A website where the mark is visible, the services listed or the type of services can reasonably be inferred, and a method of paying (if applicable) for the services is provided |
Key Filing Requirements
- Goods specimens must show use in commerce (on product, packaging, or in online sales with purchase function).
- Service specimens must show active offering of services, not just promotion (needs ability to engage/order).
- All specimens must reflect real commercial use at the time of filing, not just intent or mockups.
Allegation of Use/Amendment to Allege Use
Note, as with in-use applications, an applicant should only file an Allegation of Use/Amendment to Allege Use if it is actually using its mark in commerce in relation to the goods/services identified in its application. Failure to provide an acceptable specimen after filing an Allegation of Use may result in voiding the application and requiring the submission of new application.