How to Spot Fake Trademark Specimens

Imagine preparing to trademark your business name, only to find it blocked by a suspicious trademark. The listed owner appears to run a generic online store with unrelated products, the contact info looks fake, and the mark itself is gibberish.

You may have stumbled upon a specimen farm—a fraudulent operation that creates fake trademark specimens and bogus e-commerce sites to file trademark applications, flooding the USPTO with invalid registrations that block real businesses.

The good news? You can challenge them if you know what to look for.

What Are Specimen Farms?

When you apply to register a trademark with the USPTO, you must prove you’re actually using the mark in commerce by submitting a “specimen“—evidence showing your trademark on real products or in actual marketing materials. This requirement ensures that only legitimate, active trademarks receive federal protection.

Some unscrupulous filing companies have found a workaround: they create entire fake e-commerce websites designed to manufacture these specimens. These “specimen farms” feature hundreds of product listings, each displaying a different trademark (often made-up nonsense words) digitally superimposed onto stock photos of mass-produced goods like clothing, electronics, or toys.

The trademark filers then screenshot these fake product pages and submit them to the USPTO as “proof” of use in commerce. When these invalid specimens slip through examination, they result in fraudulent registrations—registrations that don’t represent real businesses or actual use, but that still occupy space in the federal trademark database.

Why Specimen Farms Are a Problem for Your Business

These fraudulent registrations create serious obstacles for legitimate business owners:

They Block Real Trademarks

If someone has already registered a similar trademark through a specimen farm, your application could be refused—even though they’re not actually using the mark in business. You might have built an entire brand around your name, invested in marketing, and developed real customer recognition, only to be blocked by a fake registration.

They Waste Your Time and Money

Discovering your trademark is blocked means you’ll need to either rebrand entirely or challenge the existing registration through legal proceedings. Both options require additional time, expense, and effort that could have been avoided if the invalid registration hadn’t been granted in the first place.

They're Sold to Unsuspecting Buyers

Some of these fraudulent registrations end up on auction sites, sold to people who believe they’re purchasing legitimate trademarks to qualify for online seller programs. These buyers are acquiring registrations built on invalid foundations that could be canceled at any time.

The Role of Comprehensive Trademark Research

This is precisely why thorough trademark research matters before you file. A comprehensive search doesn’t just look for identical matches—it examines:

Sound-alike marks that consumers might confuse with yours (like “Quik” vs. “Quick”)
Visually similar marks that look alike even if spelled differently
Marks with related meanings (like “Sun” and “Solar”)
Related goods or services that the USPTO considers when deciding if marks are likely to confuse
Federal and state trademark databases to uncover registered marks
Common law databases to find unregistered marks being used in business

When you work with a trademark services provider or attorney, make sure they’re conducting this level of detailed research—it can save you from building a brand on shaky ground or help you identify weak registrations that shouldn’t block your path.

How to Identify a Trademark Specimen Farm

Specimen farms share telltale characteristics that distinguish them from legitimate e-commerce businesses. Here’s what to watch for:

Red Flags in Contact Information

The “Contact Us” page only lists “USA” as the location—no city, state, or street address
Phone numbers are incomplete (too few digits for a U.S. number) or obvious placeholders like “123456789”

Website Structure Problems

Trying to reach the homepage by shortening the product URL results in an error message
Navigation links lead to blank pages or placeholder text (like “[insert privacy policy here]”)
The site displays dozens of unrelated products with no clear organization by category or brand

Suspicious Product Listings

Product descriptions are missing entirely or don’t match the images shown
The same generic description appears across multiple different products
Trademarks appear digitally added to photos in unusual locations
Images are clearly lifted from other retailers’ websites with the trademark photoshopped on
Prices seem unrealistic (either unusually high or suspiciously discounted)
Products can’t actually be purchased, or prices aren’t shown in U.S. currency

Inconsistent Branding

All products use identical fonts and formatting, suggesting they were created in bulk
Trademark names are nonsensical combinations of letters or random words
Text includes obvious typos or awkward phrasing indicating rushed creation

What to Do If You Spot a Specimen Farm

If you find a trademark that seems to rely on a fake or invalid specimen, there are ways to challenge it. The best approach depends on the trademark’s status:

If the Application Is Pending

Submit a Letter of Protest to the USPTO. This alerts the examining attorney to issues with the specimen and explains why the application shouldn’t proceed. Letters of Protest must be filed before the trademark is published for opposition.

If the Trademark Has Been Published or Registered

You can file an Opposition (for published but unregistered marks) or a Petition to Cancel (for registered marks) with the Trademark Trial and Appeal Board (TTAB). These formal actions allow you to present evidence showing the mark doesn’t meet registration requirements. This is useful if the fraudulent mark is blocking your application or interfering with your business.

If the Trademark Was Never Actually in Use

Newer procedures under the Trademark Modernization Act let you challenge marks not in use:

Expungement: The mark was never used for some or all of its listed goods/services
Reexamination: The mark wasn’t in use on the date the owner claimed first use in commerce

Evidence supporting your claim is required. The USPTO website provides examples of acceptable evidence and sources.

Ready to Protect Your Brand the Right Way?

Before you file your trademark application, make sure your chosen name is truly available—and that it’s not blocked by invalid registrations.

Order a comprehensive trademark search from TradeMark Express to identify potential conflicts, evaluate existing registrations, and get the detailed research you need to move forward with confidence. Our team specializes in thorough searches across federal, state, and common law databases, examining similarities in sound, appearance, and meaning to give you the complete picture.

The information provided on this site is for general informational purposes only. All information on the Site is provided in good faith; however, we make no representation or warranty of any kind, express or implied, regarding the accuracy, validity, or completeness of any information on the Site. The Site cannot and does not contain legal advice. The legal information is provided for general informational and educational purposes only, and is not a substitute for legal advice. Consult a licensed attorney for legal advice.

Shannon Moore