1、 Legal consequences of submitting false evidence

1. Trademark is invalid

If USPTO discovers false evidence (such as forged usage certificates or false sales records), it will directly reject the application or revoke the registered trademark (15 USC § 1064).

2. Fines and Criminal Liability

According to the provisions of the Trademark Law, intentionally providing false statements may face a maximum fine of $2000 per offense, and serious cases may involve criminal fraud charges.

3. Permanent commercial ban

The court may prohibit companies or individuals involved from submitting trademark applications in the future (established principle in eBay Inc. v. MercExchange case).

4. Cross border associated risks

False records may be included in the USPTO blacklist, affecting trademark registration in other countries (such as EU IPOs, China CNIPA sharing of bad records).

2、 USPTO's Three Methods for Examining False Evidence

1. Technical verification

Detecting the creation/modification time of images and PDF files through metadata analysis, and identifying PS traces (such as the introduction of AI image identification tools by USPTO in 2023).

2. Third party objection

Competitors can question the authenticity of evidence through opposition proceedings and require applicants to provide original documents (such as continuous number verification of invoices and logistics documents).

3. Random inspection

USPTO initiates a Post Registration Audit Program for 5% -10% of applications, requiring the submission of complete samples of evidence of use.

3、 Practical guidelines for ensuring the authenticity of evidence

1. Use of Evidence Standards

Product photo: It should include a watermark indicating the time of photography and display the permanent attachment of the trademark on the product/packaging (such as tags, engravings).

Sales records: Provide screenshots of backend orders from platforms such as Amazon and independent sites (showing URL and timestamp), along with logistics tracking numbers for at least 3 transactions.

Web evidence: Save the Wayback Machine archive to avoid submitting only temporary screenshots.

2. Document management requirements

Time logic chain: Ensure that the chronological order of the first use date, application date, and evidence generation date is reasonable (e.g. application on January 1, 2024, evidence must not be later than that date).

Original retention: All original documents of evidence (such as physical products and original invoices) must be kept for at least 5 years after trademark registration.

3. Strengthening third-party notarization

Notarization or Apostille of key evidence to enhance document credibility:

Product samples can be supported by customs declaration forms to prove the fact of circulation;

Advertising placement is reported and notarized using the official Meta/Google backend.

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