- Knowledge
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.).
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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