What Is A Specimen?

When you file your trademark application, eventually, you have to submit a “specimen.” What’s a “specimen?”

Recall that you have to actually USE a trademark to have trademark rights. When you file an application based on your use of the mark, you have to show that you are actually using the mark on the goods for which you are applying. For example, if you are filing an application for use of a trademark on tee-shirts, then you must submit a “specimen” showing use of the mark with the sale or advertisement of tee-shirts. A good specimen for tee-shirts might be a tag that is attached to the tee-shirt, or a label that is attached to the tee-shirt. The next time you’re in the store, take a look at the different ways that clothing is branded. Some of the garments might have a hang tag, some might have a label attached to the garment with the brand name, and some might have the brand name printed or embroidered directly on the garment.

A specimen might also show use of the mark on the packaging for the goods, or be printed directly on the goods. If the goods are so small that applying the mark directly to them is impractical, then the goods might have a trademark on the point-of-sale display that holds the goods in a retail setting. Whatever method is used to brand the goods with the name or logo of the manufacturer, the requirement of “use” of the mark on the goods is essential to getting a trademark registration.

Services can be a little trickier to associate with the brand. Generally speaking, a brochure advertising the services or an invoice for the services with the name or logo on it will generally suffice.

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