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, packaging or a computer screen capture (so long as it is obvious from the image that the goods can be directly purchased from that website)
- 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 of a webpage should NOT be larger than 5mg in size.
- CLICK HERE for page on the a government website providing information on the specimen requirement