Appropriate Class 25 Specimens for Trademarking Clothing Brands

The USPTO is very particular about what they will and will not accept to prove you’re using your trademark in commerce. I will simplify this process for you to help you get registered.

The USPTO will accept real photos of your clothing with your trademark on it, exactly as it was filed.

If your trademark is a word mark, you need the exact phrase that you filed for on the clothing; if your trademark is a logo, you need the exact same image, with the same colors (unless filed in black and white), font, and format on the clothing.

For the USPTO to accept your evidence, it must be placed on the clothing on the breast pocket, the neck tag, or hang tag. Word marks or logos that are too big and in the center of an article of clothing will be denied because that comes across as a design and not branding.

Perfect examples of acceptable evidence.

The USPTO will not accept digital mockups. For the USPTO to accept your evidence, the clothing must be real.

Anyone can photoshop a word mark or logo on a t-shirt and try to claim exclusive ownership over the words/logo. The USPTO wants to see you are serious about your business venture before giving you exclusive ownership over the wording or logo.

If you need assistance with submitting your Statement of Use for any product or service, please reach out here.

Source: TMEP 904.03 Material Appropriate as Specimens for Trademarks

Source: TMEP 904.04 Material Not Appropriate as Specimens

Source: TMEP 1202.03 Refusal on Basis of Ornamentation

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Trademarks for musicians, influencers, and creatives.