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What counts as a valid Statement of Use specimen? For a clothing brand, can it just be a photo of a garment with the logo?

Founder & Trademark Attorney

Yes. For your clothing brand, a clear, unedited photo of a garment displaying the trademark is a valid specimen for a Statement of Use. Just keep in mind that the photo must show the mark as it actually appears on the product in commerce; it cannot be a mockup, a digitally added logo, or a rendering.

One real photograph per class is generally sufficient. If the brand is also sold through a website, a screenshot of the product listing showing the mark, the price, and the URL is an additional valid specimen and can be included alongside the product photo.

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