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On what grounds does the USPTO usually refuse specimens?

Written by Jan Buza

Co-founder of Trama

Common grounds for a USPTO specimen refusal include:

The specimen is illegible: too small, blurry, taken at an angle, or otherwise unclear.
The specimen appears to be digitally created or altered: a mockup, rendering, or modified image rather than a real photograph or screenshot.
The mark in the specimen does not match the filed mark: the version of the mark shown differs from the mark as filed in the application.
The specimen does not show the mark in use with the applied-for goods or services: for goods, the mark must appear in connection with the goods for sale; for services, in connection with the advertising or rendering of the services.
The specimen is merely ornamental: for clothing and accessories, a large, prominent graphic is treated as decoration rather than a source identifier.
The specimen is an advertising material submitted for goods: advertising is acceptable for services but not for goods.

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