Specimen guide for Class 35

What is a trademark specimen?

When you apply for/renew a US trademark, you must prove to the USPTO that your trademark is "used in commerce", i.e., that your goods/services are available for purchase or ordering to US customers. In practice, you will prove the use in commerce by submitting a so-called specimen, which is usually a photograph or a screenshot of your trademark used together with the goods or services you applied for (e.g., depicted on the product packaging, on your storefront, etc.).

What is considered a sufficient specimen will depend on multiple factors, including whether you offer goods (Classes 1-34) or services (Classes 35-45).

In this guide, we will look specifically at trademark specimens for Class 35 - the best format, requirements, and examples from the USPTO.

What is a proper specimen for Class 35?

Class 35 includes advertising, business administration, retail and wholesale.

For service classes in general, the specimen should show the use of the mark in the sale or advertising of the service.

Therefore, for services such as business consultancy, marketing agency services, human resources services, data processing, etc., we would recommend the following options as specimens:

• Website screenshots
• Advertising materials, such as brochures, flyers, magazine ads or newspaper clippings

Other acceptable formats include copies of invoices, photos of physical storefronts bearing the mark, business cards, etc., but in our experience, these often don't fulfil all the requirements, so we would only recommend them to a more experienced filler. We usually ask our clients to provide either a screenshot or marketing material. If they can't, then we move on to the other options.

For retail and wholesale services, including e-commerce and online marketplaces, the most suitable specimens include:

• Website screenshots showing the price in USD and means of ordering, such as a "Shop now" or "Add to cart" button
• Advertising materials, such as flyers
• For brick-and-mortar stores, a photo of the physical storefront is also an acceptable specimen

What requirements does my specimen for Class 35 have to meet?

Besides the format mentioned above, your specimen must meet a few general requirements to be accepted. For a service class such as Class 35, these requirements include the following:

Legibility

The mark must be clearly visible, meaning it must be legible, not cropped off, etc.

Correct mark version

The mark shown on the specimen has to match the mark in the original trademark application exactly. For example, if you applied for a mark consisting of a graphical element and the brand name, the specimen can't display just the graphical element.

Realness

The specimen must be a real photograph/screenshot, not a digitally altered or created image.

Showing connection

The specimen has to show a clear connection between the mark and the applied-for service. This means the specimen must explicitly reference the services and then show the mark directly associated with them. For example, a business card wouldn't make a good specimen if it doesn't explicitly include a service description matching the items listed in the trademark application.

This is why website screenshots and advertising materials are better choices for novice applicants, as they will likely already include a sufficient service description.

For retail specifically, this condition is usually met if the screenshot/flyer showcases the products in a way where it's clear the mark labels the retail business and not the individual products.

Generally, to meet this criterion, a good rule of thumb is to ask: "Is it clear from the specimen that the trademark belongs to the services I said I was offering in my trademark application?"