If I already sell on Amazon, what documents do I have to submit to prove the Use in Commerce requirement for a US trademark?

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Written by Tomas Orsula

Senior Trademark Attorney

For a US trademark application filed on a "use in commerce" basis, the USPTO requires a specimen showing the trademark used in connection with the goods or services in the US market.

For an Amazon store, an acceptable specimen is typically a screenshot of the product listing clearly showing the trademark as it appears to customers, including the price in USD, the URL of the listing, and the date the screenshot was taken. The screenshot must show the trademark in use in commerce, not merely a product image without branding.

If you are reselling a third party's branded product under that brand's trademark, you are not the trademark owner and cannot use those listings as your specimen. The specimen must show your own trademark in use.

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