37 C.F.R. § 2.56

Specimens

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(a) An application under section 1(a) of the Act, an amendment to allege use under § 2.76, a statement of use under § 2.88, an affidavit or declaration of continued use or excusable nonuse under § 2.160, or an affidavit or declaration of use or excusable nonuse under § 7.36 must include one specimen per class showing the mark as actually used in commerce on or in connection with the goods or services identified. When requested by the Office as reasonably necessary to proper examination, additional specimens must be provided.

(b)(1) A trademark specimen must show use of the mark on the goods, on containers or packaging for the goods, on labels or tags affixed to the goods, or on a display associated with the goods. To constitute a display associated with the goods, a specimen must show use of the mark directly associated with the goods and such use must be of a point-of-sale nature. The Office may accept another document related to the goods or the sale of the goods when it is impracticable to place the mark on the goods, packaging for the goods, or displays associated with the goods.

(2) A service mark specimen must show the mark as used in the sale of the services, including use in the performance or rendering of the services, or in the advertising of the services. The specimen must show a direct association between the mark and the services.

(3) A collective trademark or collective service mark specimen must show how a member uses the mark on the member's goods or in the sale of the services, including use in the performance or rendering of the services, or advertising of the member's services.

(4) A collective membership mark specimen must show use by members to indicate membership in the collective organization.

(5) A certification mark specimen must show how a person other than the owner uses the mark to reflect certification of regional or other origin, material, mode of manufacture, quality, accuracy, or other characteristics of that person's goods or services; or that members of a union or other organization performed the work or labor on the goods or services.

(c) A clear and legible photocopy, photograph, web page printout, or other similar type of reproduction of an actual specimen that meets the requirements of paragraphs (a) and (b) of this section is acceptable. The reproduction must show the entire specimen or enough of the specimen that the nature of the specimen, the mark, and the good or service with which the mark is used are identifiable. A web page must include the URL and access or print date. An artist's rendering, a printer's proof, a computer illustration, digital image, or similar mockup of how the mark may be displayed, or a photocopy of the drawing required by § 2.51, are not proper specimens.

(d) The specimen must be submitted through TEAS in a file format designated as acceptable by the Office, unless:

(1) The mark consists of a scent, flavor, or similar non-traditional mark type, in which case the specimen may be mailed to the Office, pursuant to § 2.190(a), without resort to the procedures set forth in § 2.147; or

(2) Submission on paper is permitted under § 2.23(c) or is accepted on petition pursuant to § 2.147.

[84 FR 37095, July 31, 2019]

Notes of Decisions

Cited in 11 cases (4 in the last 5 years), 1978–2026 · leading case: Jean Patou, Inc. v. Theon, Inc., 9 F.3d 971 (Fed. Cir. 1993).

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Jean Patou, Inc. v. Theon, Inc., 9 F.3d 971 (Fed. Cir. 1993). “Ten specimens, all the same, were filed, five for each named class to comply with the rules, 37 CFR §§ 2.56 , 2.87. In reality, as the Examining Attorney well knew, the goods she thus elected to describe in Class 3 and in Class 5 were one and the same product.”

In re Pennsylvania Fashion Factory, Inc., 588 F.2d 1343 (C.C.P.A. 1978). “56 of the Trademark Rules of Practice, 37 CFR 2.56, requires that “[t]he application .”

Tapestry, Inc. v. Chunma USA, Inc. (S.D.N.Y. 2021). · cites it 2× “To be sure, Chunma is correct in noting that Paragraph 73 of the Complaint cites a version of 37 C.F.R. § 2.56 — the regulation governing specimens — that post-dates the filing of Chunma’s application for the ’675 Mark.”

ACT, Inc. v. Worldwide Interactive Network (E.D. Tenn. 2019). · cites it 2× “” 37 C.F.R. §2.56 (bX5); TMEP §1306.02(aXi)(B).”

Everwise Credit Union (2026). · cites it 2× “56, 37 C.F.R. § 2.56 . However, 5 Reexamination No.”

2 (2d Cir. 2016). “Because applicants for federal trademark registrations 12 generally must include a “specimen” representative of the mark’s actual use in 13 the marketplace, see 37 C.F.R. § 2.56 , Tarntino also submitted with his application 14 a photograph of a Pudgie’s pizza box that he…”

MPC Franchise, LLC v. Tarntino (2d Cir. 2016). “Because applicants for federal trademark registrations 12 generally must include a “specimen” representative of the mark’s actual use in 13 the marketplace, see 37 C.F.R. § 2.56 , Tarntino also submitted with his application 14 a photograph of a Pudgie’s pizza box that he…”

In Re: Siny Corp., 920 F.3d 1331 (Fed. Cir. 2019). “2009) (quoting 37 C.F.R. § 2.56 (a) ); see 15 U.S.C. § 1051 (a)(1) (requiring for use-based registration "such number of specimens or facsimiles of the mark as used as may be required by the Director").”

In Re: Siny Corp. (Fed. Cir. 2019). “7 (quoting 37 C.F.R. § 2.56 (a)); see 15 U.S.C. § 1051 (a)(1) (re- quiring for use-based registration “such number of speci- mens or facsimiles of the mark as used as may be required by the Director”).”

Spliethoff Bevrachtingskantoor B.V. v. United Yacht Transp. LLC (S.D. Fla. 2022). “O 1 Similarly, 37 C.F.R. § 2.56 (b)(2) requires the specimen of a service mark to “show the mark as used in the sale of the services, including use in the performance or rendering of the services, or in the advertising of the services.”

Zumedia Inc. v. IMDB.COM, Inc. (S.D.N.Y. 2024). “) See 37 C.F.R. § 2.56 (a) (“An application [for a trademark] .”

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