TMEP 904.03: Material Appropriate as Specimens for Trademarks
May 2024 Edition of the TMEP
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904.03 Material Appropriate as Specimens for Trademarks
37 C.F.R. 2.56
(b)(1) A trademark specimen must show use of the mark on the goods, on containers or packaging for the goods, on labels or tags affixed to the goods, or on a display associated with the goods. To constitute a display associated with the goods, a specimen must show use of the mark directly associated with the goods and such use must be of a point-of-sale nature. The Office may accept another document related to the goods or the sale of the goods when it is impracticable to place the mark on the goods, packaging for the goods, or displays associated with the goods.
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(c) A clear and legible photocopy, photograph, web page printout, or other similar type of reproduction of an actual specimen that meets the requirements of paragraphs (a) and (b) of this section is acceptable. The reproduction must show the entire specimen or enough of the specimen that the nature of the specimen, the mark, and the good or service with which the mark is used are identifiable. A web page must include the URL and access or print date. An artist's rendering, a printer's proof, a computer illustration, digital image, or similar mockup of how the mark may be displayed, or a photocopy of the drawing required by § 2.51, are not proper specimens.
For a trademark application under §1(a), allegation of use in an application under §1(b), or affidavit of use under §8 or §71 of the Trademark Act, the specimen must show actual use of the mark on the goods, on containers or packaging for the goods, on labels or tags affixed to the goods, or on a display associated with the goods. 37 C.F.R. §2.56(b)(1). See TMEP §904.03(a) regarding labels and tags specimens, §904.03(b) regarding stampings on goods as specimens, and §904.03(c) regarding commercial packaging specimens. See also TMEP §904.03(e) regarding specimens for computer programs, movies, videos, or audio recordings and §904.03(j) regarding manuals as specimens.
To constitute a "display associated with the goods," the specimen must show (1) use of the mark directly associated with the goods and (2) such use must be of a point-of-sale nature. 37 C.F.R. §2.56(b)(1). See TMEP §904.03(g)–(i) for more information regarding specimens that are displays associated with the goods.
When it is impracticable to place the mark on the goods, packaging for the goods, or displays, the USPTO may accept another document related to the goods or the sale of the goods as a specimen. 37 C.F.R. §2.56(b)(1). See TMEP §904.03(k) for more information regarding procedures for such specimens.
A clear and legible photocopy, photograph, web page (including the URL and access or print date), or other similar type of reproduction of a specimen showing the mark as actually used on or in connection with the goods is acceptable. 37 C.F.R. §2.56(c).
URL and Date Accessed/Printed Required for Web Pages. Due to the transitory nature of Internet postings, the URL for the web page of the specimen and the date the page was accessed or printed must both be provided to enable verification. 37 C.F.R. §2.56(c). Trademark owners can submit the URL and date directly on the specimen web page itself, appearing anywhere on the page within the TEAS form that submits the specimen, or in a verified statement under 37 C.F.R §2.20 or 28 U.S.C. §1746 in a later-filed response. This information may not be entered via examiner’s amendment. If the web page includes a photograph of the applied-for mark appearing on the goods or on packaging for the goods that would otherwise be acceptable as a specimen of use for goods, it need not include the URL and access or print date.
Specimens in applications and post-registration filings submitted prior to February 15, 2020 are "grandfathered" under the prior rules, until the application registers or is abandoned and cannot be revived or reinstated pursuant to 37 C.F.R §§2.64, 2.66, or 2.146, or until the acceptance or final rejection of the post-registration filing. Specimens and substitute specimens submitted on or after February 15, 2020, including those submitted in connection with applications and post-registration filings that were filed prior to February 15, 2020, are not grandfathered and must comply with the current specimen rules.
See TMEP §904.03(f) regarding specimens for sound marks, §904.03(l) regarding specimens for motion marks, and §904.03(m) regarding specimens for scent and flavor marks.
See TMEP §904.04 regarding material not appropriate as specimens for trademarks.
See TMEP §§1301.04–1301.04(j) regarding service mark specimens, §1303.01(a)(i)(C) regarding collective trademark and collective service mark specimens, §1304.02(a)(i)(C) regarding collective membership mark specimens, and §1306.02(a)(i)(B) regarding certification mark specimens.