Specimen (Trademark) Law and Legal Definition

A specimen is the real example of how a trademark will be used in commerce in connection with the goods or services that the trademark represents. This will not be the same as the drawing of the trademark.

Labels, tags, or containers for goods are considered to be acceptable specimens of use for a trademark. Magazine advertisements or brochures can be specimens for service marks. Generally, actual specimens are preferred to facsimiles. However, if the actual specimens are too big, then the applicant must submit facsimiles such as photographs or good photocopies of the specimens.

Pursuant to 15 USCS § 1051, one specimen is required in applications based on for actual use in commerce, with the Amendment to Allege Use, the Statement of Use, and in applications based on a bona fide intention to use the mark in commerce.

Specimens are not required for applications based on a foreign application or registration under 15 USCS § 1126, or for applications based on an extension of protection of an international registration to the U.S. under 15 USCS § 1141.