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Is it necessary to submit evidence at the time of filing a 1 (a) application based on actual use, or to submit it after examination?
Time: 2025-10-28 Click count: 721

In the registration of trademarks in the United States, 1 (a) Actual use (Use in Commerce)The application requires the applicant toProvide evidence of trademark use upon submission Instead of waiting until the review stage to submit it.
1、 1 (a) Core requirements for application
according to 15 U.S.C. §1051(a)andTMEP §904 Based on actual usage, the application must meet the following requirements:

1. Date of First Use:Declare the specific time when the trademark was first used in business (accurate to year and month);

2. Use evidence (Specimen):Submit proof of actual use of the trademark on designated goods/servicesSamples (such as product labels, packaging, website screenshots, etc.).

2、 Submission timeline
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Attention

If no evidence of use is submitted at the time of application, USPTO will issue aOffice ActionRequesting to make up for it, butWe will not directly reject the application

If the supplementary submission still does not meet the requirements (such as evidence unrelated to the goods/services), the application may be rejected.

3、 Common issues and responses in using evidence

1. Cases where the evidence is not qualified

The sample only displays the trademark name and does not reflect any association with the goods/services (such as a standalone text logo without usage scenarios).

The sample is a mock up or design draft, not for actual commercial use;

The service trademark evidence does not show the service content (such as only the website domain name without service description).

2. Correction strategy

Provide qualified samples again, such as adding physical photos of products with trademarks;

Narrowing down the scope of goods/services: If some categories are not actually used, relevant items can be deleted to match existing evidence;

Conversion to 1 (b) Intended Use: If evidence of use cannot be provided, additional fees will be charged to convert the application basis (TMEP § 806.03).

4、 Comparison with application 1 (b)

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