Trademark Proof of Use: How to Get It Right
If you’re applying for a trademark, proof of use can make or break your application. It’s one of the most common reasons the USPTO refuses or delays registrations—and it’s also one of the easiest parts to get wrong. The good news? Once you know the rules, you can avoid the headaches and protect your brand without the stress.
What is “Proof of Use” in a Trademark Application?
The United States Patent and Trademark Office (USPTO) requires applicants to show acceptable proof that you’re actually using your trademark in commerce.
“Use in commerce” means you’re:
Selling or transporting your goods across state lines, or
Providing services to customers who live outside your state.
It’s not enough to say, “I plan to sell it”—you have to show the USPTO that it’s already happening.
When Do You Have to Show Proof of Use?
There are two main scenarios:
Filing “in use” – You include your proof of use when you submit your application.
Filing “intent to use” – You submit proof later, when your brand is ready to launch publicly.
What Counts as Acceptable Proof of Use?
Here’s where business owners get tripped up—your proof has to match USPTO requirements exactly.
For products, acceptable examples include:
Photos of the product packaging showing the trademark
Product labels with the trademark clearly visible
Screenshots of an e-commerce listing with the trademark, price, and a way to purchase
For services, acceptable examples include:
Website screenshots with your trademark + a clear description of the services
Brochures, ads, or marketing materials offering your services to customers out of state
Pro Tip: A logo on social media by itself usually isn’t enough—it must be tied directly to selling the goods or services.
Why the Rules Keep Changing
In the past few years, the USPTO has cracked down on proof-of-use submissions. This means images or screenshots that might have worked five years ago could now be rejected. They’re also asking for more details to make sure trademarks are actively used in real commerce, not just “for show.”
That’s why having the most up-to-date guidance matters. Filing with outdated proof can cost you extra filing fees, delays, or—worst case—losing your trademark rights altogether.
How to Avoid Costly Mistakes
Match the mark exactly – The trademark in your proof must look exactly like the one in your application.
Show actual sales – Your proof should clearly show that customers can buy the product or service.
Keep records – Save dated screenshots, order confirmations, and photos for your files.
And if you’re not sure? Ask a trademark attorney before you file. One quick review can save you hundreds of dollars in fixes.
The Bottom Line
Your trademark is only as strong as your proof of use. Done right, it’s your ticket to locking in legal protection for your business name, logo, or slogan. Done wrong, it’s an expensive delay.
If you’re ready to protect your brand, we can help you get it right the first time. Whether you need one-on-one support or want a library of resources at your fingertips, The Legalmiga® Membership and à la carte trademark services give you the guidance (and templates) you need to protect what’s yours.
Book a consultation today and let’s get your trademark application moving.