Is product packaging a proper specimen of use?

Photo of Tomas Orsula

Written by Tomas Orsula

Senior Trademark Attorney

Product packaging is one of the most commonly submitted trademark specimens for physical goods. If you want to use packaging to demonstrate your mark's use in commerce, make sure the specimen displays the mark clearly, shows the same version of the mark as you applied for, and clearly shows/references what product you sell.

You can do the last by either opening the packaging and showing the product inside, having a transparent packaging that shows the product, or having a packaging that includes a picture or description of the product. What's important is letting the examiner know what product you sell so they compare this information to your goods and services list.

Our Specimen guide provides examples of product packaging and other acceptable specimen formats for your trademark classes.

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