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J.J. Lee, Trademark Attorney

Specimen Secrets: What the USPTO Really Wants to See

Published 2 months ago • 1 min read

November 17, 2025

Hello Reader,

When a trademark application gets refused, it’s not always because of the name.
Sometimes it’s because of the specimen.

The USPTO examiner isn’t just checking whether your name is unique — they’re looking for proof that your mark is being used the right way in commerce.

Unfortunately, this is where many business owners stumble. A beautiful logo on your website or a product mock-up might look great to customers, but it doesn’t always meet the USPTO’s legal definition of “use in commerce.”

Here’s a quick breakdown of what the USPTO really wants to see:

For 1A (In-Use) Applications:​
✅ Real examples of the mark used on your product or packaging — not just digital renderings.
✅ For services, screenshots showing the mark with a clear call to action (like “Schedule a Call” or “Buy Now”) on your active website.
✅ Evidence that the product or service is available for purchase — not just in development.

For 1B (Intent-to-Use) Applications:​
✅ You’ll need to show this same kind of proof later when you file your Statement of Use.
✅ Start gathering documentation now — invoices, web listings, labels, or even service photos.

A well-prepared specimen does more than check a USPTO box — it tells your brand’s story in a way that proves you’re the real deal.

If you’re unsure whether your proof of use meets the mark, we’ve created a quick resource to help you visualize real examples of accepted specimens.

Download the Specimen Quick Guide →

​Trademark Description Template and What Counts as a Trademark Specimen_.pdf​

It’s one of the easiest ways to prevent a refusal and strengthen your protection from the start.

Keep Your Brand Safe and Protected,

J.J. Lee and the Trademark Lawyer Law Firm Team!

P.S. If your application is still pending or you’ve filed under 1B, this guide will help you get ready before the USPTO ever asks. A few minutes of preparation now can save months of delay later.

J.J. Lee, Trademark Attorney

Protecting your Brand and Trademark Since 2007 and over 7,000 Trademark Registrations.

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