What criteria must be met for a specimen or proof of use to be considered acceptable?

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A specimen or proof of use is an actual example demonstrating how your trademark is used in commerce in connection with the goods or services listed in its description. It provides tangible evidence of your trademark's use in the marketplace.

The USPTO's criteria for acceptable proofs of use include:

1. It must be an actual representation of your trademark as used in commerce (not a mock-up, printer’s proof, digitally altered image, intended packaging design, or a draft website).
2. The specimen should display the trademark in association with the goods or services specified in your application.
3. It must match the trademark as depicted in your application's drawing.
4. The proof must represent your use of the trademark, not someone else's (e.g., press releases for media).
5. The type of specimen should be appropriate for the category of goods or services. For instance, advertising material is suitable for services, but not for goods.
6. The trademark should be used in a manner that directly associates it with the goods or services.
7. It should function as a trademark, indicating the source of the goods or services.
8. For web-based specimens, include the URL and the date of access or printing.

Examples of proof of use for goods might include photos or printouts showing the trademark on the goods, labels, packaging, sales displays, or webpages selling the goods with a clear association with the trademark, including URL and access date. For software, screenshots of the software launch screen or download page are suitable.

For services, acceptable proofs include online or printed advertising, commercials, marketing materials, signage at service locations, or invoices, all showing a direct link between the trademark and the services offered.

To better understand these examples, you can refer to the "Specimens" section on the USPTO's website.

Given the USPTO's increasing scrutiny of proofs of use, it's crucial to closely follow these requirements. Examiners may visit websites from which specimens are sourced to confirm the availability and authenticity of the associated goods and services to the American consumer.