Can I submit an Amazon store screenshot as a trademark specimen?

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Written by Tomas Orsula

Senior Trademark Attorney

Yes, if you sell on Amazon, the screenshot of your product listing can be a suitable trademark specimen if it meets the other formal requirements:

  • The specimen has to show the product's availability to US consumers, so it's safest to submit a screenshot from specifically.
  • The screenshot has to be real, not a mock-up or a digitally altered picture.
  • The screenshot has to prove the use of your mark in the correct trademark class.
  • The screenshot must include a picture or sufficient textual description of the product.
  • The screenshot must include the mark displayed in association with your product, so either on the product/packaging/label in the pictures, in the product listing name, or the store name. From these, it's safest to have the mark displayed in the pictures in a clear connection to the product itself. For example, if you want to register a figurative mark, the specimen has to show it used in connection with the product somewhere; you can't just write it out in the product description.

The USPTO examiners also perform image searches for products. If you offer a white-label product manufactured by a third party labelled with your logo, the USPTO can reject your application.

As you can probably see, there's no one-size-fits-all answer to whether your specimen will pass, as it also depends on your mark and how you use it. However, following the checklist above increases your chances of successfully registering your trademark.

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