Legal Definitions - specimen

Specimen

A "specimen" refers to an actual example or sample that demonstrates how something is used or exists in the real world. In the context of trademark law, a specimen is a critical piece of evidence that shows how a particular brand name, logo, or slogan is currently being used in connection with specific goods or services in the marketplace. It serves to prove that the trademark is actively identifying and distinguishing a business's offerings to consumers.

• Example 1: A technology company applies to register the trademark for its new cloud storage service. As part of the application, they submit a screenshot of their service's homepage, which prominently features the service's unique name and stylized logo next to a description of the features and a "Sign Up" button.

  Explanation: This screenshot acts as a specimen because it provides concrete proof of how the trademark (the service name and logo) is being used in commerce to identify and promote the cloud storage service to potential customers online.

• Example 2: A small batch coffee roaster wants to register the distinctive name and graphic design for their new blend of artisanal coffee beans. They submit a copy of a page from their online store where the product is listed, showing the coffee bag with the brand name and logo clearly visible, along with the product description and price.

  Explanation: This online store page serves as a specimen by demonstrating how the trademark (the coffee blend's name and logo) is directly applied to and associated with the goods (the coffee beans) as they are offered for sale to the public.

• Example 3: A financial advisory firm seeks to trademark its unique slogan and emblem. They provide a digital image of a recent advertisement published in a business magazine, where their slogan and emblem are prominently displayed alongside their company name and contact information, promoting their financial planning services.

  Explanation: This advertisement functions as a specimen because it illustrates how the trademark (the slogan and emblem) is being used in a real-world commercial context to advertise and identify the firm's services to a target audience.