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Attaching a Specimen of Use to a Trademark Application

In a prior post, we discussed selecting a filing basis for your trademark application, as either “intent to use” under section 1(b) of U.S. law or already “in use” under section 1(a). If you have selected section 1(a), then you must file a specimen showing the actual use of your trademark with your application. If you filed under section 1(b), then you can learn more about filing a statement of use later.

Video – Specimen Information

– produced by the U.S. Government

Specimen File Format

Click the “Attach/Remove Specimen” button to begin the process of attaching the specimen. The specimen must be in either JPG or PDF file format, and there is a maximum file size limit of 5 megabytes per attachment.

Trademark application filing screen 17-1

Note that you may attach more than one specimen, but you are not required to. I recommend attached at least two specimens in case one of them is not acceptable to the Trademark Office, especially if you are filing pro se and you are not very familiar with what constitutes a proper specimen. This will improve your chances of filing an appropriate specimen.

Acceptable Specimens of Use

Things like business cards and letterhead are not acceptable specimens for goods because these type of items are not directly associated with the product. Instead, the specimen must be positioned in close relationship to the actual goods or services being sold.

Acceptable specimens for products include using the mark on product tags, labels on packaging, and imprinted packaging. If you are not sure whether your specimen will be accepted by the USPTO trademark attorney, then consider reading more about specimens of use for a trademark application.

Acceptable specimens for services include using the mark on signs, rate sheets that include details about the services, and web pages that describe the services. I have written a separate guide for choosing an appropriate specimen of use for a service mark that I suggest reading.

Attaching the Specimen File

As shown below, I have attached a specimen for my services that shows use the mark on an ordering page for my service.

Click on the “Browse” button to select the scanned file (JPG or PDF format only) from the local drive directory on your computer…

Click the “Attach” button…. Don’t forget that the file size cannot exceed 5 megabytes per attachment. Review this tip for resizing images using Irfanview, if your file size is a problem.

Trademark application filing screen 18

Once you have attached your specimen of use, click on the “Return to Application” button to continue working on the assignment of the section 1(a) filing basis for your trademark application.

Since you are done with attaching a specimen of use, now you will need to give a description of the specimen(s).

If you need more information about trademark specimens, you may want to review the TMEP Section 904 on the USPTO website. Otherwise, read the next part in this series explaining how to properly describe a specimen of use in a trademark application.

Click here to return to the Trademark Application Headquarters home page.

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