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

Written by Jan Buza

Co-founder of Trama

Evidence of US trademark use is provided through a specimen: a real-world example showing the mark in active use in commerce in connection with the goods or services listed in the application or registration.

For goods, acceptable specimens include product photos, packaging, labels, and product webpage screenshots showing the mark alongside goods available for purchase. For services, acceptable specimens include website screenshots showing the mark in connection with the services, marketing materials, and brochures. In both cases, the specimen must reflect genuine commercial activity; mockups and digitally altered images are refused.

Specimens are required at three points: at filing (for use-in-commerce applications), when submitting the Statement of Use (for intent-to-use applications after the Notice of Allowance), and at the 5th–6th year Declaration of Use and each 10-year renewal.

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