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 being used on the goods themselves (where and how a consumer would expect to see it) on things such as the goods themselves, labels, hang tags, etc.


• Specimen for sale of goods can also be a webpage screen capture, BUT, the image must show a means for ordering the goods such as a "shopping cart" button/link (so long as it is obvious from the image that the goods can be directly purchased from that website) - Advertising is not sufficient - for example, a screen capture of a web page on which the goods CAN NOT be directly purchased IS NOT SUFFICIENT).


• 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 a 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)


• 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.

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• CLICK HERE for page on the a government website providing information on the specimen requirement