What are the requirements for a specimen or proof of use to be deemed acceptable in the USA?

A specimen or proof of use is a real example showing how your trademark is used in business with the goods or services listed in its description. It provides concrete evidence of your trademark's use in the market.

The USPTO's criteria for acceptable proofs of use include:

• It must be a real representation of your trademark as used in business (not a mock-up, printer’s proof, digitally altered image, intended packaging design, or a draft website).


• The specimen should show the trademark with the goods or services specified in your application.


• It must match the trademark as shown in your application's drawing.


• The proof must show your use of the trademark, not someone else's (e.g., press releases for media).


• The type of specimen should be suitable for the category of goods or services. For example, advertising material is suitable for services, but not for goods.


• The trademark should be used in a way that directly links it with the goods or services.


• It should act as a trademark, indicating the source of the goods or services.


• For web-based specimens, include the URL and the date of access or printing.

Examples of proof of use for goods might include photos or printouts showing the trademark on the goods, labels, packaging, sales displays, or webpages selling the goods with a clear link to the trademark, including URL and access date. For software, screenshots of the software launch screen or download page are suitable.

For services, acceptable proofs include online or printed advertising, commercials, marketing materials, signage at service locations, or invoices, all showing a direct link between the trademark and the services offered.

To better understand these examples, you can refer to the "Specimens" section on the USPTO's website.

Given the USPTO's increasing scrutiny of proofs of use, it's crucial to closely follow these requirements. Examiners may visit websites from which specimens are sourced to confirm the availability and authenticity of the associated goods and services to the American consumer.