A trademark indicates the source or origin of a good or service. A trademark owner is required to submit proof of use in commerce through a specimen, which is a sample of a trademark’s use in real life: a photo of packaging or labels or a screenshot of a website with a price and shopping cart button for goods. For services, a specimen may consist of marketing material showing the trademark with the services.

Dos

• Include the URL and date of capture for website screenshots.
• Match the specimen sample to the applied-for trademark exactly.
• Show the full trademark and legibly [Is something missing, or should this say “Show the full, legible trademark.” or “Show the full trademark, making sure it’s legible.”?]
• For goods, show the trademark with a picture or description of the goods.
• Mail a physical specimen only for flavor, scent, or other non-traditional trademarks; otherwise submit specimens electronically.

Don’ts

• Provide drafts, mock-ups, outlines, or altered images of trademark use: Specimens must reflect actual use in interstate commerce.
• Photos with white background (because of concerns that the specimens could look fake).
• Submit other’s use of the trademark, such as specimens taken from social media news or press releases.
• Show a merely informational specimen, unassociated with the sale of the goods or services.
• Use advertising material as a specimen for goods.
• Offer specimen used only in business dealings, such as business stationery or invoices.