What evidence is needed of using the trademark in the USA?

Photo of Jan Buza

Written by Jan Buza

Co-founder of Trama

To demonstrate the use of a trademark in the United States, you will need to provide appropriate evidence, often referred to as specimens, that show the mark being used in connection with the goods or services associated with the trademark. The United States Patent and Trademark Office (USPTO) requires specimens that demonstrate actual use in commerce.

For goods: Acceptable specimens for goods typically include labels, tags, packaging, product displays, or photographs that show the mark prominently displayed on the goods themselves or their containers. The specimens should show the mark in use in a manner that would be encountered by consumers in the ordinary course of trade.

For services: Acceptable specimens for services generally include advertising materials, brochures, pamphlets, website screenshots, or other promotional materials that show the mark being used in connection with the advertising or rendering of the services. The specimens should demonstrate the mark's association with the specific services provided.

It's important to ensure that the specimens you submit accurately depict the actual use of the mark in commerce and that they meet the USPTO's requirements.

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