In an application, allegation of use, affidavit of use under 15 U.S.C. §1058 or §1141k of the Trademark Act (§8 affidavit or §71 affidavit), or response to an Office action, the specimens must generally be submitted through the trademark electronic filing system in a file format designated as acceptable by the USPTO. See 37 C.F.R. §§2.56(d), 2.161(g), 7.37(g). See TMEP §904.03(d) regarding specimens submitted in electronic and digital media and §904.03(f) regarding specimens for sound marks. If the nature of the specimen is unclear, the applicant should describe what it is and how it is used.

Sometimes, although the submission indicates that a specimen is included, the specimen is not visible in the record due to a technical problem that occurred during its submission. In this situation, the examining attorney should first send an email to the TEAS@uspto.gov mailbox to ask whether the problem can be fixed by uploading the file again. If it cannot, the examining attorney must request that the applicant submit: (1) the same specimen (or a true copy) that was attached to the original submission in the trademark electronic filing system; and (2) a statement by the person who transmitted the original submission that the specimen being submitted is a true copy of the specimen originally filed through the trademark electronic filing system. This statement does not have to be verified. Alternatively, the applicant may submit a different specimen from that initially filed, together with an affidavit or declaration of use of the substitute specimen. See TMEP §904.05 regarding the requirements for an affidavit or declaration supporting use of substitute specimens.

Exceptions to the Requirement to Submit Specimens through the Trademark Electronic Filing System. Specimens must be submitted electronically through the trademark electronic filing system unless:

1. (1) the mark consists of a scent, flavor, or similar non-traditional mark type, in which case the specimen may be mailed to the USPTO, pursuant to 37 C.F.R. §2.190(a), without resort to the procedures set forth in 37 C.F.R. §2.147 (see TMEP §904.03(m));
2. (2) submission on paper is permitted under 37 C.F.R. §2.23(c); or
3. (3) submission on paper is accepted on petition to the Director pursuant to 37 C.F.R. §2.147.

37 C.F.R. §2.56(d).

See TMEP §301.02(c) regarding exempt filers under 37 C.F.R. §2.23(c) and §301.02(e) and §1709 regarding petitions to the Director under 37 C.F.R. §2.147 to accept paper submissions.