What sales do I need to make to satisfy the in-commerce requirement?

Photo of Tomas Orsula

Written by Tomas Orsula

Senior Trademark Attorney

No specific number of sales is defined by the USPTO to satisfy the "use in commerce" requirement. Make sure to provide proof that showcases your mark being used in the US market. It is sufficient if your company provides shipping to the US; it does not have to be physically based there.

As an example of an acceptable specimen, you can provide multiple screenshots of your website, where it is clearly visible that your goods and services can be accessed/purchased in the US. Similarly, you can send a screenshot of your app to the App Store or Google Play store.

Other examples of specimens include invoices, sales records, marketing materials, pictures of your goods and services or the packaging. Feel free to combine multiple specimens and submit them with your application to make sure your proof of sales will be accepted.

Advice icon

Haven't found what you are looking for?

Our team of experienced trademark attorneys is here to help you! Simply send us an email outlining your request and we'll be happy to assist you.