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Acceptable Specimens for Motion, Repeating – Pattern, Scent, Flavor, and Sound Trademarks

The following chart provides a list of specimens for non-traditional trademarks that are acceptable by the United States Patent and Trademark Office (USPTO).

Type of Trademark Acceptable Specimens Trademark Manual of Examining Procedure (TMEP) Reference

Motion Trademark

A video clip or a series of photos or screen shots that:


  • shows the mark's entire motion to depict the commercial impression conveyed by the mark; and


  • matches the applicant's description of the mark.


Acceptable formats for submission include .wav, .wmv, .wma, .mp3, .mpg, or .avi format, not exceeding 5MB (audio) or 30MB (video) in size. 

Repeating-Pattern Trademark

The item in the drawing if the repeating pattern is applied to a single item.


The same or similar item, if the repeating pattern is applied in a similar manner to various goods that are similar in form and function.


Any item on which the pattern creates the same commercial impression as it does on the drawing, if the drawing is a swatch type drawing.

Scent and Flavor Trademarks

The actual goods.


A "scratch and sniff" sticker (for a scent mark) that is:


  • part of the packaging for the goods; or
  • is otherwise used to identify the goods and indicate their source.


The specimen must be mailed to the USPTO after first submitting specimen information through the appropriate TEAS form.

Sound Trademarks

A sufficient portion of audio or video content to show how the mark is used in connection with the goods or services.


The submission must be in .wav, .wmv, .wma, .mp3, .mpg, or .avi format, not exceeding 5MB (audio) or 30MB (video) in size.

Have any questions about specimens for non-traditional trademarks?

If you have any questions about specimens for non-traditional trademarks, or you would like to work with a skilled and experienced U.S. licensed attorney who can help you pick acceptable specimens, contact us for your free consultation. We can be reached at 1 800-651-7301, via email at info@trademarkattorneyslosangeles.com, or through our contact form below.

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