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

Photo of Tomas Orsula

Written by Tomas Orsula

Senior Trademark Attorney

There’s no minimum number of sales that the USPTO requires. What you need is genuine commercial use of the mark in connection with the goods or services in US interstate or international commerce. A single bona fide sale that genuinely reflects commercial activity is sufficient, and so is the proof that your products and services are available for purchase to US customers.

Even if you’re just shipping your goods to the US without being based there. Acceptable specimens include product packaging showing the mark, screenshots of a US-facing website with the mark clearly displayed, and product labels. The specimen must show the mark as it will appear to consumers, not a mockup or rendering.

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