Goods vs. Services: How to Show Trademark Use the Right Way (and Avoid Rejection)

Trademark “Use” Isn’t as Simple as It Sounds

Filing for a trademark should feel like a big step forward. You’ve named your brand, designed a logo, and submitted your application to the USPTO. Done, right? Not quite. This is where many people hit an unexpected wall. They get a rejection letter not because of their name or logo, but because they didn’t show proper use of their trademark. It feels unfair. You’ve put in the work, and now red tape threatens to undo it.

Here’s the truth: the USPTO doesn’t just want to know you have a brand. They want proof that it’s out in the real world. And if you’re unsure how to show that for your goods or services, that’s where we come in. At Horn Wright, LLP, our team helps people protect what matters—guiding clients through every trademark detail so they can focus on growing their business instead of fighting off technical rejections.

What “Use in Commerce” Really Means (and Why the USPTO Cares)

"Use in commerce" isn’t some abstract legal phrase. It means you’re actually doing business under your trademark in a way that customers can see. The USPTO doesn’t approve trademarks just because you have a great idea or a killer logo. They want to see real activity: products on shelves or services in action.

Let’s break it down:

• Goods: You’re selling a physical product (like t-shirts or candles)
• Services: You’re offering something people hire you to do (like consulting or photography)

They want proof that your brand name or logo is directly tied to that business activity. So if you sell handmade soap, they want to see your mark on the actual packaging. If you run a dog-walking service, they want to see your name on a flyer, web it’s all about showing the mark isn’t just an idea, it’s part of your working business.site, or signage that describes what you do.

That’s the heart of "use in commerce" –

Proving Use for Goods: The Right (and Wrong) Way to Do It

When it comes to physical products, the USPTO wants to see your trademark used on or with the actual items you sell. That sounds simple, but it’s where many people mess up.

Here are solid examples of acceptable proof:

• Tags or labels attached to your product
• Product packaging that clearly shows your trademark
• A webpage where people can buy the product (as long as it includes pricing and a way to check out)

Let’s say you’re launching a custom candle line. If your specimen is a photo of the candle in packaging with your logo front and center, that works. If it’s a screenshot of your website where customers can order the candles, that also works.

But if all you’ve got is a fancy graphic of your logo floating on a blank page? Or a mock-up showing what you plan to do? That’s not going to cut it. The USPTO will hit you with a rejection notice. They don’t want potential. They want proof.

Common missteps:

• Submitting digital renderings (mock-ups) instead of real-world photos
• Using the mark as decoration only (like just printing it across a t-shirt without branding it)
• Showing the product but not offering a way to buy it

You’re not just displaying your brand—you’re proving that it’s out there in the world, tied to a tangible product.

Proving Use for Services: Don’t Confuse Marketing With Real Use

Service marks throw a curveball because there’s no physical product. You're not selling a thing; you're offering a service. That means your trademark needs to appear where potential customers can clearly see what you do.

Strong examples of service mark use include:

• A business website with your trademark and a description of your services
• Printed advertisements or brochures that include both the mark and a service explanation
• A sign at your physical business location that features your brand and what you offer

For instance, if you own a landscaping company, a brochure showing your company name, logo, and a list of services qualifies. Same with a website offering online scheduling for lawn care, as long as your branding is clearly tied to the services.

What doesn’t work?

• Business cards with no service details
• Internal training manuals or employee-only materials
• "Coming soon" pages with no actual services offered yet

Just like with goods, the key is connection. Your mark must be tied to real-world service activity. It can’t just float in space or sit on a business card with no context. If the USPTO reviewer can’t tell what you offer, it’s a problem.

The Biggest Mistakes That Sink Trademark Applications

So where do most people slip up? Right here:

• They submit mock-ups or concepts, not real specimens.
• They think a "coming soon" message counts as use. It doesn’t.
• They put their logo decoratively on merch without making it part of the brand identity.

Here’s the thing: the USPTO isn’t here to hand out participation trophies. If they can’t see that your trademark is connected to something real and working, they’ll reject your application.

They want to see proof that your brand means something now, not someday. That it exists in a form that customers engage with. It’s easy to get excited about the future, but trademark law lives in the present.

Timing Matters: When to File vs. When to Show Use

You don’t have to wait until your brand is fully launched to start the trademark process. But you do need to understand which type of application fits where you are.

• Intent-to-use: This lets you reserve your trademark before you start using it. It signals your future plans, but it’s not the finish line.
• Actual use: You file this only after your trademark is active in real-world commerce.
   

Here’s where timing trips people up. If you file based on intent-to-use, you’ll get a Notice of Allowance later. That’s the USPTO saying, “Okay, now show us you’re really using the mark.” You have six months to submit proof, with the option to extend if needed.

But don’t push that deadline too far. Say you’re opening a restaurant in Downtown Raleigh. You file the intent-to-use application in January. If you're still building the kitchen in October and haven’t opened your doors, your filing could stall. Compare that to launching a t-shirt brand online. If your site goes live in March, you can show use quickly and move forward.

Bottom line: timing your trademark filing to your business rollout is key. If you wait too long or jump too early, you could waste time and money.

How to Get Your Evidence Right the First Time

Submitting the right specimen from the start can save you months of stress and rework. Here’s how to make sure your evidence checks the boxes.

Ask yourself:

• Does your trademark show up where customers can actually see it?
• Is it clearly tied to a real product or live service?
• Would someone who’s never heard of you understand what you sell, just by looking?

Here are a few quick pointers to stay on track:

• Take real-world photos of your product packaging with the mark visible.
• Capture website screenshots that show the mark next to pricing and purchase options.
• Use marketing materials that explain your services and display your mark.

If you're unsure, think about it this way: would your mom or a friend who doesn’t know your business understand what you do from that one piece of evidence? If not, the USPTO probably won’t either.

Horn Wright, LLP, Protecting Your Brand Without the Headaches

Trademark rejections sting—especially when they happen over something that feels like a technicality. But getting your trademark approved isn’t about checking a box. It’s about proving your brand is real, visible, and in use.

At Horn Wright, LLP, we help businesses get it right the first time. Our attorneys make sure every piece of evidence is rock solid, so you can focus on building your brand while we handle the details. Let us help you avoid rejections and keep your trademark application moving forward without the headaches.