US Trademark Guide for Ecommerce Sellers on Usage Proof

Published: 12/30/2025
US Trademark Specimen of Use Trademark Registration
This article focuses on the challenge of providing a 'specimen of use' in US trademark registration. It details the standards for acceptable specimens, including website links, product images, and sales order screenshots, and lists common examples of unacceptable specimens. Furthermore, it introduces the 'intent-to-use application' as an alternative strategy to help sellers avoid risks and efficiently complete trademark registration. This option allows applicants to file before actual commercial use, providing a pathway to secure trademark rights based on a bona fide intention to use the mark in the future.
US Trademark Guide for Ecommerce Sellers on Usage Proof

As the U.S. e-commerce market continues to grow, trademark registration has become a critical step for brand protection. However, with the United States Patent and Trademark Office (USPTO) tightening its scrutiny, many applicants face challenges—particularly when providing acceptable proof of use. This guide explores the key requirements and common pitfalls to help businesses successfully register their trademarks.

1. Website Links: Validating Online Sales

For e-commerce businesses, product listings on platforms like Amazon or AliExpress serve as primary proof of trademark use. When submitting links, ensure:

  • The URL directs to a functional U.S.-based product page
  • The brand name matches exactly with the applied trademark
  • The product title includes the specific category (e.g., "running shoes")
  • The page displays available inventory and pricing in English
  • For design marks, the product or packaging must show the exact trademark

2. Product Photos: Demonstrating Physical Use

High-quality images of branded products strengthen an application. Follow these guidelines:

  • Show the product with clearly visible trademark placement
  • Use neutral backgrounds—neither pure white nor overly cluttered
  • Include packaging, labels, or manuals to confirm commercial use
  • Provide multiple angles showing the product and branding

3. Sales Receipts: Concrete Evidence of Commercial Activity

Order confirmations serve as direct proof of market presence. Acceptable receipts must:

  • Be entirely in English
  • Display the trademarked brand name
  • Show a U.S. delivery address
  • Include a transaction date prior to the filing date

4. Common Submission Errors to Avoid

The USPTO frequently rejects applications for these reasons:

  • Obvious photo manipulation or digitally added logos
  • Incorrect use of the ® symbol before registration
  • Mismatched product categories (e.g., filing for apparel but submitting electronics)
  • Non-English documentation like Chinese customs forms

5. The Intent-to-Use Alternative

For brands not yet active in the U.S. market, an Intent-to-Use (ITU) application allows:

  • Filing without immediate proof of use
  • Submission of evidence within six months after approval
  • Earlier access to Amazon Brand Registry through the filing receipt

As the USPTO intensifies enforcement against fraudulent submissions, businesses must prioritize compliant applications. Thorough preparation of proof materials or utilizing the ITU pathway can prevent costly delays or rejections in the trademark registration process.

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