Statement of Use (Allegation of Use) Acceptable Trademark Specimens

If you filed a Intent-to-Use Application and have received Notice of Allowance, in order for the Application to Register, you must file a Statement of Use showing how you are using the mark in in connection with the goods (products) or services sold in commerce.

Acceptable Specimens for Goods:

Labels or Tags: photograph of label or tag affixed to a container or package in which the product is sold or shipped.

Signs: photograph of a sign or poster on which the mark is prominently displayed in connection with the goods.

Website:  a website is an acceptable specimen if the mark appears near a picture of the goods where your customers can order the goods from the website.

NOT acceptable specimen for Goods:

Invoices, announcements, order forms, brochures, letterhead and business cards are generally not acceptable specimens for goods.

Acceptable Specimens for Services:

A specimen for a mark used in connection with services must show the mark used in providing or advertising the services.  The specimen may be a photograph of a business sign, a brochure about the services, an advertisement for services, a webpage, business card or stationary showing the mark.  The specimen must show or contain some reference to the services, that is, it is not just a display of the mark itself.

NOT Acceptable Specimens for Services:

Proofs for advertisement or news articles about your services because they do not show your mark in use.

For more information, please visit:  www.uspto.gov/sites/default/files/trademarks/basics/BasicFacts.pdf

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