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USPTO Official: Third parties can challenge trademark applications or registrations through invalid use evidence from e-commerce use evidence websites
Time: 2025-10-27 Click count: 616

Preface:

Some agencies specialize in creating e-commerce websites with the sole purpose of producing evidence of use in an attempt to meet the application requirements of the United States Patent and Trademark Office (USPTO). We call these types of websites "evidence farms" because they consist of a large number of web pages,Display hundreds of products with different trademarks that appear to be available for sale.Here are their operating methods.

An agency will apply for registration of a trademark (often composed of meaningless words) for a series of standard consumer goods, such as glasses, clothing, toys, electronic products, or manual tools - these are typically mass-produced types of goods. Subsequently, they created a seemingly real e-commerce website that generated independent product lists for each trademark,And accompanied by product images overlaid with trademarks through digital technology. Looking at these pages individually may appear formal, but they can also be hastily made (for example, containing spelling errors, images of other retailers' products with logos digitally added, or textual descriptions that do not match the images).

The agency submits these product lists as evidence of trademark use in commerce to USPTO for registration. However, such evidence does not support registration as they fail to prove the true use of the trademark in normal trade, which is a legal requirement.
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1、 Why is the use of evidence farms problematic for legitimate applicants?
USPTO examiners are typically able to identify evidence of invalid use and reject it. But sometimes invalid evidence may appear compliant, and the trademark may still be registered.

There may be tens of thousands of registrations that rely on invalid usage evidence provided by the 'Usage Evidence Farm' for support. Unless these improper registrations are revoked, they will hinder other applicants from registering their own trademarks.

These registration certificates are still being sold on the Paishi website to specific groups of people who hope to obtain trademark registration to participate in certain pre platform real home programs. Such sellers should remain vigilant.

If you have valid evidence, you may raise objections to applications or registrations that contain invalid evidence of use.

2、 How to discover invalid evidence of use originating from the 'evidence farm'?

The use of evidence farms has significantly different characteristics from legitimate e-commerce websites:

1. The 'Contact Us' page of the website only indicates the' US' address;

2. The website phone number is insufficient or displayed as a placeholder (such as "123456789");

3. The website link points to a blank page or a placeholder page (for example, only displaying '[insert your company's privacy policy here]').

4Unable to access the homepage of e-commerce websites by shortening the specific product URLFor example, the link you received is "www.example. com/specialmenexemplified 123", but you receive an error message when attempting to access the homepage "www.example. com".

5. This e-commerce website offers a variety of products and brands, but is not classified by category or brand.

6. The product page lacks product description.

7Multiple product pages use identical copy or digitally altered versions of well-known third-party product images

8. The product description does not match the displayed product.

9. The product information includes products with pricing anomalies or discounts.

10. The photos of other products on the submitted sample (with different trademarks from the sample) appear to have been digitally processed or forged. For example, a trademark appears in an abnormal position on a product.

11. All products have consistent fonts and layouts, but may also contain spelling errors or awkward language, indicating that they were hastily created.

12The website is unable to purchase goods or does not support USD settlement..

3、 What should you do if you discover the use of evidence farms

If you believe that you have discovered an application or registration containing invalid samples from a 'evidence farm', this can serve as strong evidence to infer that it was not used. You can raise objections to the application or registration based on this reason.

You can consider the following options:

If the application for "Use Evidence Farm" is still pending, please submit an objection letter.

Submit a petition for revocation of registration through the Trademark Trial and Appeal Board (TTAB), or file a notice of objection to a published trademark.

To prevent its registration (if your trademark application is rejected due to registration obstruction caused by the use of invalid evidence, you can choose this option).

Submit a petition requesting the initiation of revocation or review procedures for trademarks that have not been actually used during the application process or at a critical point after registration.

If it is found that the registered trademark that hinders your application has been submitted for evidence of use before the actual commercial use of the trademark, you may request a review.

If you decide to submit a petition to initiate revocation or review proceedings, you must provide evidence to support your petition. You can find examples of different types and sources of evidence on the USPTO website implementing the Trademark Modernization Act. You can also view examples of the review process initiated by the director, which includes evidence of identifying farm features that involve the use of evidence.

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