Evidence of Use

Evidence of use in trademark law refers to documentation or materials that demonstrate that a trademark has been used in commerce in connection with the goods or services listed in the trademark application or registration. Evidence of use is typically required for trademark applications that are based on actual use in commerce, as well as for maintaining and enforcing trademark rights.

Examples of evidence of use can include:

  1. Sales records and receipts
  2. Advertising and promotional materials, such as brochures, flyers, or social media posts
  3. Packaging or labeling displaying the trademark
  4. Invoices or receipts for goods or services sold under the trademark
  5. Samples of the product or service bearing the trademark
  6. Affidavits or declarations from individuals with knowledge of the trademark's use in commerce