TRADEMARKS - Creating "Specimens"

One or more "specimens" must be attached to a tradmark registration (or a "Statement of Use").  Specimens are digital images proving that you are actually using the mark "in commerce".

Specimens can be created by either by taking photos with a digital camera or "capturing" a web page.
  • IF YOU ARE SELLING GOODS (as opposed to services) the images must show the trademark being used on things such as the goods themselves, labels, hang tags, computer screens or packaging

  • IF YOU ARE SELLING SERVICES the specimens can include images that show the proposed trademark being used in marketing, advertising, business cards, websites, etc.

  • Using Screen Capture of Web Page as a Specimen

    • Specimens derived from a web page MUST show the trademark located on that web page in a place where consumers would expect to see branding (normally at the top of the page) - AND - if the mark is being used in conjunction with the sale of goods (as opposed to the sale of services) the page must show that the goods can actually be purchased through the website (or, if the page is promoting services and not the sale of goods, the page must show a direct association between trademark and services)

    • Generally, digital specimen files created by doing a screen capture to webpage should be larger than 5mg in size.

    • Ideally the URL of the webpage and the date that the page was accessed should be shown on the specimen image itself.  If you are being assisted by a student lawyer at the Small Business Legal Clinic an option would be to simply give that student lawyer the URL address of the web page that you want to capture as your specimen.  The Clinic would then create the specimen image.