You have a copy of the Guide to Evidence of Use of U.S. Trademarks, please check it out!

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Update time : 2025-03-25

Amazon sellers know that in the United States to register a trademark than in other countries to be relatively cumbersome, to provide evidence of the use of registered trademarks (sales links, product images, labels, etc.), and with Amazon's support for brand sellers as well as infringement of the suppression of the U.S. site can not be separated from the U.S. Trademarks to run a good site!


The U.S. trademark application is based on “actual use” or “intent to use” submitted before registration is required to submit evidence of use, and the applicant is required to affidavit in the form of all goods/services on the trademark in the U.S. commercial use, a class Provide one piece of evidence of use.


What documents are required to be submitted as evidence of use?

1. Pictures of the product bearing the trademark 

图片

(Source: Official website of the United States Patent and Trademark Office)


e.g. a photo of a headphone case or a photo of the cover of an instruction booklet.


2. Outer packaging bearing the trademark 

图片

(Source: Official website of the United States Patent and Trademark Office)


e.g. outer packaging of a toothbrush, a drink bottle.


3. Clear product labels or nameplates 

图片

(Source: Official website of the United States Patent and Trademark Office)


In order to prove actual commercial use, the labels should include, in addition to the trademark, the net weight, the capacity, the UPC code or the list of ingredients etc.. 


4. Screenshots of the link to an online sales site (with the time of day) 

图片

(Source: Official website of the United States Patent and Trademark Office)


e.g. a screenshot of a web page showing the product for sale, price, button to add to cart; 5. Sales invoices or screenshots of successful transactions; 6. Screenshot of the webpage showing the product for sale, price, and add-to-cart button.


5. Screenshot of the sales invoice or successful product transaction, etc. 

图片

(Source: Official website of the United States Patent and Trademark Office)


The address and contact information in the order form must be real data.


6. Does every product need evidence of use?

U.S. Trademarks need to be filed according to the class, and within each major class, you can choose multiple small products. Although it is not mandatory to provide evidence of use for each small product, it is recommended that the principle of providing evidence of use is the more the better, the more detailed the better, as much as possible to provide evidence of use of more products.

It is also recommended that the span of small products should not be too large, otherwise there is a higher risk that the review will require additional evidence of use.


7. Why do we need to make corrections after providing evidence of use?

Common reasons may be a wider choice of small products, the Trademark Office that it is necessary to supplement the evidence of use, or evidence of use is suspected of P picture forgery, and so on, the specific reasons for the Trademark Office issued by the Notice of Examination and Opinion shall prevail.


8. Is there a time limit on the number of corrections?

The limitation of the number of corrections is two times, we must provide corrective information for defense within six months after receiving the notice of correction, otherwise the trademark application will be invalidated.


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