Trademark Classes & Specimens: What You Need to Know

When applying for a trademark, selecting the right trademark class and submitting a proper specimen are two of the most important steps in the process. Mistakes in either area can lead to delays, refusals, or a loss of protection.

At Indie Law, we help business owners and entrepreneurs navigate these complexities, ensuring their trademark applications are properly filed the first time.

On this page, you'll learn:
✅ What trademark classes are and why they matter
✅ How to choose the right trademark class for your business
✅ What specimens are and how to submit the right one
✅ Common mistakes that cause trademark application delays
✅ How Indie Law can help you with the process

 

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What Are Trademark Classes?

The United States Patent and Trademark Office (USPTO) organizes trademarks into 45 different classes to separate goods from services.

🔹 Goods vs. Services

• Goods (Classes 1-34): Includes physical products like clothing, cosmetics, food, and electronics.
• Services (Classes 35-45): Includes professional services like marketing, consulting, education, and legal services.

📌 Example: If you sell t-shirts under your brand name, you’d likely file under Class 25 (Clothing). But if you also run a clothing design business, you may need to file in Class 42 (Graphic Design Services) as well.

Why Does This Matter?

✔ Your trademark primarily protects the goods or services listed in your application, but protection can extend beyond your specific class. The USPTO evaluates likelihood of confusion based on factors like industry overlap and marketing channels, not just class numbers. This means a strong registration in one class may still help prevent infringing uses in related areas.

✔ Trademarks in other classes can still pose a risk. Even if a conflicting trademark is in a different class, it could be flagged as problematic if there’s a likelihood of confusion. That’s why we conduct a comprehensive search beyond just your exact class to identify potential issues.

✔ Precision matters when describing your goods and services. The USPTO is increasingly favoring shorter, more specific descriptions and discouraging broad or "stuffed" descriptions. Overly vague or extensive listings can lead to refusals, delays, or unnecessary scrutiny. We help craft strategic descriptions that ensure strong protection while staying USPTO-compliant.

✔ Each class requires a separate filing fee, so choosing the right ones upfront is essential. If your brand spans multiple types of goods or services, we help you determine the best filing strategy to maximize protection while managing costs.

If you're unsure which class fits your business, we can help!

 

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What Is a Specimen?

A specimen is proof that you are using your trademark in commerce. The USPTO requires this to confirm your trademark is actively in use.

🔹 Your Trademark Must Match Exactly

✔ The trademark in your application must appear exactly the same on your specimen. If you apply for "Sunrise Coffee Co.", but your product label says "Sunrise Coffee", the USPTO may reject your specimen.

✔ No extra words, abbreviations, or alternative spellings. If your application is for "Bright & Bold Designs", but your website displays "Bright and Bold Designs", that’s a mismatch and could lead to a refusal.

✔ Logos must match, too. If you apply for a stylized logo, the specimen must show that exact design—not a variation, different color scheme, or altered layout.

🔹 Acceptable Specimens

✅ For Goods (Physical Products):
✔ Product packaging or labels featuring the trademark
✔ A product tag or sticker with the trademark clearly displayed
✔ A website screenshot showing the trademark next to a “Buy Now” or “Add to Cart” button

✅ For Services:
✔ A business website displaying the trademark and describing the services offered
✔ Marketing materials like brochures or online ads that show the trademark in connection with the service
✔ Social media pages promoting the service with clear branding

❌ Common Specimen Mistakes (Avoid These!)

🚫 Submitting a logo alone (without proof of use on products or services)
🚫 Mockups or Photoshop edits that don’t reflect real-world use
🚫 Website screenshots that don’t show a clear way to purchase or use the service

A rejected specimen delays your application—or worse, could result in an abandonment of your trademark. If you’re unsure, we’ll make sure your specimen is correct before you submit.

 

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Good vs. Bad Specimens (Real-Life Examples)

Adding the right specimen is one of the most common pitfalls in the trademark process. Here’s a simple breakdown of what works and what doesn’t:

✅ Good Specimen	❌ Bad Specimen
• A product label with the trademark clearly displayed	• A standalone logo file
• A website screenshot showing the trademark next to a purchase button	• A website that mentions the brand but doesn't offer purchases
•A restaurant menu featuring the trademark	• A business card with only the trademark name

 

Want expert guidance? We can review your specimen before submission to ensure it meets USPTO requirements.

 

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FAQ: Your Trademark Questions Answered

🔹 How do I know which trademark class to choose?
👉 We analyze your business and products/services to determine the best class(es) for your trademark protection.

🔹 Can I register my trademark in multiple classes?
👉 Yes! If your brand covers multiple types of goods or services, filing in multiple classes may be necessary for full protection.

🔹 What happens if my specimen is rejected?
👉 If the USPTO rejects your specimen, we’ll help you correct it and resubmit an acceptable example.