Specimen guide for Class 41

Examples of trademark specimens for Class 41, which comprises education, translation, entertainment, multimedia production and sports.

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 41 - the best format, requirements, and examples from the USPTO.

What is a proper specimen for Class 41?

Class 41 includes education, translation, entertainment, multimedia production and sports. Additional services encompassed in Class 41 include online education, event organisation, publishing, video game services, live performances, and gambling services.

For service classes in general, the specimen should show the use of the mark in the sale or advertising of the service. Therefore, for Class 41, 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, 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.

What requirements does my specimen for Class 41 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 41, these requirements include the following:


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.


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.

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?"

Examples of suitable and unsuitable specimen for Class 41


The website specimen includes the mark and makes the connection to the applied-for services (Discotheques) apparent. View source or view image at full size.


The mark is displayed in advertising material. The connection to the applied-for services (Museums) is once again clear. View source


For live performances, a screenshot showing the mark and an option to purchase tickets is also a suitable specimen. View source


This specimen was refused because it doesn't reference the services specified in the application (Photography). View source


This specimen was refused because it doesn't prove the use in commerce for any Class 41 items. The mark was filed for "Education information", but the specimen shows the mark on a T-shirt, which belong under Class 25. View source

Submit specimen with ease

Whether you are registering a new trademark, proving its use in commerce, or prolonging its validity, we are here to make sure your submission with the USPTO goes through.

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