A trademark specimen is the graphical presentation of the sign submitted by the applicant in the trademark registration application. It is both the object of examination comparison and the subject matter recorded on the registration certificate and in the register. Once submitted, the specimen is fixed on record and cannot be replaced at will—preparing the specimen is the step in the application process that least deserves carelessness.
Legal Basis and Formal Requirements
Article 8 of the Trademark Law defines the signs that may be applied for registration as trademarks: words, devices, letters, numerals, three-dimensional signs, color combinations, and sound, as well as combinations of these elements. Article 13 of the Implementing Regulations further prescribes the formal requirements:
- Each trademark registration application shall be accompanied by one copy of the Trademark Registration Application and one trademark specimen;
- Where application is made for a color combination or a colored specimen, a colored specimen and one black-and-white copy shall be submitted; where no colors are designated, a black-and-white specimen shall be submitted;
- The trademark specimen shall be clear and easy to affix, printed on smooth and durable paper or replaced by a photograph, and its length and width shall not exceed 10 cm nor be less than 5 cm;
- For a three-dimensional sign, the application shall declare this, explain the manner of use of the trademark, and submit representations capable of defining the three-dimensional shape, including at least three views;
- For a sound mark, the application shall declare this, submit a sound sample and a description of the sound (staff notation or numbered musical notation with a textual explanation may be used), and the description and the sound sample must be consistent.
For submissions through the online trademark service system, the system has additional explicit requirements on file format, file size, and image pixels, which should be checked against the system prompts before submission.
Black-and-White versus Color: The Watershed of the Scope of Protection
- Submitting a black-and-white specimen (no designated colors): what is protected are the constituent elements of the sign, without limitation on colors. Changing colors in actual use is usually still regarded as use of the same registered trademark;
- Submitting a colored specimen (designated colors): the scope of protection is limited to that color combination. Use with altered colors may be deemed unauthorized alteration of the registered trademark and may fall within the protection of others' trademarks.
For brands without fixed visual standards, it is usually advisable to apply first with a black-and-white specimen for broader coverage; where the visual standards are finalized and the color scheme is to be locked in, consider designating colors.
What the Specimen Should Avoid
- Content unrelated to the trademark: dates, numbers, page numbers, watermarks, and similar content should not appear in the specimen—they serve no identifying function and trouble examination;
- Registration symbols: the sign has not yet been approved at the application stage, so the specimen should not contain the words "registered trademark" or registration symbols such as "®";
- Descriptive or absolute terms: expressions such as "purely natural" or "number one" may trigger other examination issues;
- Blurred or low-resolution graphics: insufficient clarity affects examination comparison and the presentation on the registration certificate and usually results in a correction request.
The specimen should match the sign actually used by the operator. An excessive discrepancy between the specimen and actual use weakens the integrity of the trademark use evidence chain.
Practical Points and Common Pitfalls
- Pitfall one: submitting in color first and later wishing to change to black-and-white. The specimen cannot be replaced at will—a new application is the only way;
- Pitfall two: submitting a whole image containing store photos and promotional language as the trademark, resulting in an unclear specimen with irrelevant content;
- Pitfall three: not splitting composite applications. A combined word-and-device application protects the combination as a whole; applying for the words and the device separately covers situations where each is used alone, giving tighter protection;
- After finalizing the specimen, keep the original vector file and standard color values, to facilitate subsequent enforcement and evidence collection for platform brand filing.
The practical judgment behind these concepts must be tailored to the individual case; before proceeding, you may book a registered agent via MyTMBee for targeted analysis.