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July 28, 2025

Hello Reader,

If your trademark application has ever been blocked by a strange, unfamiliar registration—one with a made-up name or suspicious “proof of use”—you may have run into a growing problem in the trademark world: specimen farms.

The USPTO recently issued a public warning about these setups, and it’s something every business owner and brand builder should understand. Because if you’re doing things right—actually using your brand in commerce and building your business—the last thing you want is to get blocked by a trademark that’s not even real.

Let’s break it down.

What is a Specimen Farm?​
Some filing firms have found ways to game the system. They generate fake e-commerce sites that exist for one reason: to serve as “proof” that a fake trademark is being used in commerce. These sites display dozens—sometimes hundreds—of unrelated, low-quality product listings (clothing, electronics, tools, toys, etc.), each supposedly sold under a different trademark.

These firms apply for trademark registration using these listings as “specimens of use.” But in truth, the products often aren’t real. The marks are made up, the photos are altered or stolen, and the site is never meant to sell actual products. It’s all smoke and mirrors—crafted to meet the basic USPTO requirement that a mark be used “in commerce.”

Once the trademark is registered, some of these parties try to sell the registration on platforms that cater to online sellers or Amazon FBA participants who want a fast way to get into a brand registry program.

Why It Matters to You​
If you’re a legitimate brand owner, these fake registrations can get in your way. A registration from a specimen farm can block your pending application—even though the owner has no real use of the mark in commerce.

In some cases, the USPTO catches these during examination and refuses the application. But sometimes, the fake specimen looks good enough to slip through. These fraudulent registrations then clutter the register and harm real businesses by blocking valid applications. And if you don’t challenge them, they can sit there indefinitely.

How to Spot a Fake Specimen​
The USPTO has published common red flags for spotting these:

• The website only lists “USA” as its contact info
• Placeholder phone numbers like “123456789”
• Broken links, missing product descriptions, and poorly written content
• Images that look digitally altered or inconsistent with the trademark claim
• Items that can’t be purchased or aren’t listed in U.S. currency
• Font and formatting that looks overly uniform or hastily created

What You Can Do​
If you’ve identified a questionable trademark registration and it’s getting in your way, here are your options:

• Letter of Protest – If the application is still pending
• Petition to Cancel – If the mark has already been registered
• Notice of Opposition – If the mark is published but not yet registered
• Expungement or Reexamination – Under the Trademark Modernization Act, you can challenge the validity of a registration that was never used in commerce as claimed

To pursue any of these, you’ll need evidence that shows the specimen doesn’t represent real commercial use. The USPTO has guidance and examples here:
​Challenge invalid specimens – USPTO guidance​

Keep Your Brand Safe and Protected,​
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J.J. Lee and the Trademark Lawyer Law Firm Team!

P.S. If your application has been blocked by a trademark that looks questionable or fake, don’t assume you're stuck. I’ve helped clients challenge and remove improper registrations—and I’d be happy to help you take the next step.

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