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?

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Written by Jan Buza

Co-founder of Trama

If you make no direct sales and only provide goods and services through recommendations and affiliate agreements, to file a use-in-commerce application, you must have proof of these agreements and submit it as one of the specimens with the USPTO. Moreover, the agreements must result in your goods and services being sold in the US market.

Simply put, you need to showcase any documents/materials proving that your goods and services are sold under your mark (brand name/logo).

You can use, for example, submit marketing materials or sales records. Marks are evaluated case by case, so make sure to provide sufficient evidence proving that you sell in the US market via your affiliate agreements or recommendations.

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