What serves as evidence of commercial activity in the US prior to trademark application?

Photo of Jan Buza

Written by Jan Buza

Co-founder of Trama

In the United States, evidence of commercial activity prior to a trademark application can be submitted to demonstrate that the mark was in use in commerce before the filing date. This evidence is often required when relying on the "use in commerce" basis for trademark registration. The evidence serves to show that the mark was actively used to promote or sell goods or services in the United States.

Here are some examples of evidence that can be used to demonstrate commercial activity:

  • Sales and Invoices: Documentation of actual sales made to customers within the United States, such as sales invoices, receipts, or purchase orders, can be submitted as evidence. These documents should clearly indicate the mark used, the date of sale, and the goods or services associated with the mark.
  • Advertising and Marketing Materials: Advertising materials, such as brochures, flyers, catalogs, print advertisements, online advertisements, or social media promotions, can be presented as evidence. These materials should demonstrate that the mark was used in connection with promoting or advertising the goods or services in the United States.
  • Website Screenshots: If you have an online presence, screenshots of your website showing the mark displayed in connection with the goods or services being offered can be submitted. The screenshots should clearly indicate the mark, the relevant products or services, and other pertinent information such as the website URL and date of capture.
  • Packaging and Labels: Physical samples of product packaging, labels, tags, or containers that bear the mark can serve as evidence. These samples should clearly display the mark in a manner consistent with its use in commerce, alongside the associated goods.

It's important to gather and organize your evidence carefully to present a compelling case of prior commercial activity.

Advice icon

Haven't found what you are looking for?

Our team of experienced trademark attorneys is here to help you! Simply send us an email outlining your request and we'll be happy to assist you.