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What proof do I need to demonstrate "use in commerce" for the US trademark, given that there will be no sales made directly through the website, only through recommendations and affiliate agreements?

Written by Jan Buza

Co-founder of Trama

Use through affiliate agreements and referral arrangements can satisfy the use-in-commerce requirement, but only if those arrangements result in actual transactions for your goods or services in the US market.

The specimen submitted must show the trademark being used in connection with the goods or services in a way consumers would encounter it. Documentation of the affiliate agreements alone is not sufficient; you also need to demonstrate that US consumers are accessing and purchasing through those channels.

If the commercial activity results in goods being sold or services being rendered to US customers, even indirectly, use in commerce can be established. If no actual transactions occur with US customers as a result of the arrangements, use in commerce cannot be demonstrated and an intent-to-use filing would be the appropriate basis.

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