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U.S. Trademark Office Requests Resubmission of Evidence of Use
Recently, some sellers received notices of dismissal from the U.S. Trademark Office, and surprisingly, these trademarks had previously been successfully licensed. However, the USPTO suddenly asked these sellers to resubmit evidence of use.
It is reported that this incident involves as many as 300 U.S. trademarks, and the notice clearly states that the Trademark Office, after examination, determined that the evidence of use submitted by the seller in the application is suspected of fabrication. Therefore, the Trademark Office requires the seller to re-submit true and valid evidence of use within 3 months, otherwise the trademark will be revoked.
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Evidence of trademark use must be genuine and valid
Since U.S. trademarks follow the "first in use" principle, it is important to submit evidence of use in the U.S. when filing an application. The following are some common and effective types of evidence of use:
01
Product with logo and packaging photo
1~3 pictures of the product and packaging with the trademark, the trademark name must not contain the words TM and ®;
Trademark images must be clearly visible, without any blocking or distortion, and must not be photoshopped or stolen from others.
02
Purchasable Sales Links
Links to real products for sale online (the links take you to the products for sale page);
Items must remain available for sale until the trademark is registered;
Currency units must be in US dollars and guaranteed to be in sufficient stock.
03
Screenshot of a real online trading order with logo
The title description should contain the trademark name and the corresponding product subcategory;
Addresses that show U.S. purchasers (can be appropriately coded);
The overall interface should be in English.
04
Other Sales Channel Orders
Sales contract and invoice invoice;
Receipt slip from a physical store.
⚠️ Note! When choosing an online sales channel, mainstream e-commerce platforms such as Amazon, eBay, and Speedpost usually have a higher pass rate.
The temporary links created by other third-party independent websites or the hundreds or thousands of products hanging under one link will attract the attention of the Trademark Office due to the possible credibility problem, and their passing rate will be relatively low.
Therefore, when submitting evidence of use, it is recommended that priority be given to the relevant evidence of mainstream e-commerce platforms, and not to create evidence of use for the purpose of submitting registration, even if it is registered, there is a risk that it will be returned for re-examination.
What if there is no evidence of use?
If, for whatever reason, employers are unable to provide real evidence of use, they should not take the risk of fabricating it. In this case, you may consider using the "intent to apply" method, which is a legal and compliant method.
An "intent to apply" means that the trademark is not actually used in the U.S. at the time of application, but the applicant has plans to use the trademark in U.S. commerce. The applicant is required to file a declaration of use within three years after the examination, otherwise the application will be withdrawn.
Officially recognized by the U.S. Patent and Trademark Office, this risk-free approach is especially suitable for employers who are unable to submit real evidence of use in the short term, but are in urgent need of a return receipt to file their brand.
The USPTO's standards for trademark applications have become more stringent over the years, requiring trademark applicants, agents and attorneys to bear strict responsibility for the truthfulness of the application. Every step of the trademark application process is open and transparent to the public, which ensures that the trademark is always under the scrutiny of a third party.
Any time a trademark is reported, there is a serious risk that it will be reaffirmed or even revoked.
Green Circle Technology is committed to providing cross-border sellers with global VAT, European EPR, trademarks and patents, testing and certification, overseas business, etc. We have built a SaaS system, service providers, solution providers, one-stop platform for branding overseas and other integrated services, providing a full range of compliance options for enterprises going overseas. If you have a need for trademarks and patents, please feel free to contact us.
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