If you're selling on Amazon, capturing a screenshot of your product listing could serve as an appropriate trademark specimen, provided it satisfies other formal requirements:
- The specimen should demonstrate the product's availability to US consumers, so it's advisable to use a screenshot from amazon.com specifically.
- The screenshot has to be authentic, not a mock-up or a digitally altered picture.
- The screenshot must include a picture or sufficient textual product description.
- The trademark must be visibly associated with your product, appearing on the product/its packaging/label in the images, in the product listing name, or in the store name. Ideally, the mark should be clearly connected to the product in the images. For instance, if you're registering a figurative mark, solely mentioning it in the product description is not enough.
Additionally, USPTO examiners conduct image searches for products. If you're marketing a white-label product made by a third party but labelled with your logo, your application might face rejection.
It's important to note that there's no universal guarantee that your specimen will be accepted, as it hinges on your specific mark and its usage. However, adhering to the checklist above can enhance your chances of successfully trademarking your brand.
