IP Monday Law Blog 

Did you know that one of the most common reasons the United State Patent and Trademark Office (USPTO) refuses trademarks isn’t because of the name itself — it’s the specimen you submit? Let’s make sure yours doesn’t fall into that trap.

This blog will address:

• What counts as a valid trademark specimen.
• The differences between specimens for goods vs. services.
• Common mistakes applicants make (and how to avoid them).
• Why ornamental use can trigger refusals.

Why this Matters

A specimen is proof that you’re actually using your mark in commerce. The USPTO doesn’t just want your application on paper — they want evidence that real customers encounter your mark in the marketplace. Submitting the wrong type of specimen is one of the easiest ways to delay your application.

Specimens for Goods

For physical or digital products, specimens should show the trademark directly on the goods or their packaging. Examples include:

• A product label or packaging (e.g., a cereal box showing the brand).
• A tag or hangtag attached to clothing.
• A screenshot of downloadable software where the mark appears on the launch screen or installation page.

What Doesn’t Work: Just putting your mark on a marketing flyer or mock-up image that isn’t tied to actual goods in commerce.

Specimens for Services

For services, the specimen needs to show the mark in connection with offering the service to customers. Examples include:

• A business website showing the mark along with a clear description of the services.
• A brochure or flyer actively used to promote services.
• Signage outside a store or office.

What Doesn’t Work: A business card or domain registration alone — the USPTO needs to see use that connects the mark with the service itself.

Beware of Ornamental Use Refusals

One of the most common mistakes in clothing and merchandise filings is ornamental use. If the USPTO sees your mark splashed across the front of a T-shirt like a decoration, they may rule it’s just a design element — not functioning as a source identifier.

Stronger specimens for apparel include:

• Neck labels or inside tags showing the mark.
• Hangtags attached to the garment.
• Packaging with the mark prominently displayed.

This issue comes up often for apparel companies across the Midwest, including Michigan-based startups making custom shirts, hoodies, and hats. The problem usually isn’t the creativity of the design — it’s that the USPTO doesn’t view decoration on the front of a shirt as proof of trademark use. Those same businesses often need to refile with proper hangtag or label specimens before their applications can move forward.

Pitfalls to Avoid

• Mock-Ups: Designs that look good but don’t prove actual use.
• Token Use: Printing the name on one box just to file.
• Wrong Category: Submitting a services specimen for a goods application (and vice versa).
• Ornamental Use: Placing the mark in decorative ways that don’t identify the source.

FAQs

Q: Can I just submit my logo design file?
A: No. A logo file shows what the mark looks like, but not how it’s used in commerce. The USPTO needs to see the mark in the marketplace.

Q: What about online sales?
A: A screenshot of your e-commerce listing works, if it shows the mark next to the product with ordering information. Common examples include Amazon listings, Shopify product pages, or Etsy store screenshots.

Q: How many specimens do I need?
A: For each class, usually one specimen is required, but sometimes additional ones are requested if your description of goods/services is broad.

Ready to file? Don’t let your specimen (or ornamental use) derail your application. Contact our IP Law team to help review your specimen before you file to make sure it passes USPTO standards.