Trademark Specimens
Have you received a Notice of Allowance? This means the USPTO has initially approved your trademark and no other businesses have objected to your trademark.
A Statement of Use or Amendment to Allege Use is the evidence a brand must submit to show it has a genuine intention to use a trademark in connection with the product/service on its application. You must submit specimens/evidence proving the trademark is currently being used in commerce. Products that are not produced, such as mockups or labeled “coming soon” are not being considered used in commerce. Products not being used in commerce are not accepted by the USPTO.
Next Steps
You must provide specimens/evidence to show you are using the trademark. Simply having a word mark, logo, or slogan on your website is not enough. If you have an application for goods, the trademark (exactly as filed) will need to be affixed to your products, or on the packaging. If you are offering services, the trademark (exactly as filed) will need to be on your marketing/advertising materials with information about the services you offer. Please see below for appropriate examples.
Specimens for goods
The goods themselves
For example, you could submit a photo showing your trademark on the bottom of a coffee mug or on the cover of a software instruction manual.
Labels and tags for the goods
For example, you could submit a photo showing your trademark on a label sewn on the neckband of a t-shirt, a photo of the goods showing your trademark on a label. A label or tag that is not shown physically attached to the goods may be accepted if, on its face, it clearly shows the mark in actual use in commerce. To clearly show actual use in commerce, the tag or label would, in addition to showing the mark, include informational matter that typically appears on a label in use in commerce for those types of goods such as net weight, volume, UPC bar codes, lists of contents or ingredients, or other information that is not part of the mark but provides information about the goods.
Packaging for the goods
For example, you could submit a photo showing your trademark on a laundry detergent box.
Sales displays where the goods are sold
For example, you could submit a photo of a counter display showing your trademark along with hair-care products in a beauty salon that uses those products.
Webpages selling the goods
For example, you could submit a screenshot of your website showing your product for sale with the trademark on or in close proximity to the product, the price, and a shopping cart button. If the products are not currently for sale, sold out or coming soon they will not be accepted.
Specimens for services
Online advertising or printed matter showing a direct link association between your trademark and the services
For example, you could submit a photo or screenshot of your website’s services page where your trademark is clearly visible and there are a few paragraphs about your services in close proximity to the trademark.
Television and radio commercials for the services
For example, you could submit an MP3 file of a radio commercial for your car wash business.
Marketing material showing a direct association between your trademark and the services
For example, you could submit a scanned copy of brochures and leaflets advertising or marketing your educational conference.
Signage where the services are rendered
For example, you could submit a photo of business signs on the front of a tax accountant business.
Material used in the providing/rendering of the services.
For example, you could submit:
A photo or scanned copy of a menu for bar.
A photo of a band performing on stage with the band's name displayed during the performance (example: the band’s name on the band's drum) for live musical entertainment services.
A screenshot of the title and launch screens for ongoing television programs and video game entertainment services.
Business cards and letterhead showing a direct association between your trademark and the services
For example, you could submit a photo or scanned copy of business cards and letterhead that indicate you provide publishing services.
Need more time?
If you have not yet used your trademark in commerce, meaning you are not offering the services or products on your application in connection with your trademark, then you have approximately 6 months to begin using the trademark in commerce from the date you filed the application. If 6 months from filing is not enough time to start using your trademark, you have up to 3 years, in 6-month increments to provide evidence. You will need to file for an extension every 6 months, however, you should not wait until the last minute to file the extension. The government fee for each extension is $125.
If you have any questions, comments, or concerns, please reach out to me here.
Sources:
TMEP 904 specimens for goods
TMEP 1301.04 specimens for services