How to Establish Use as an Indicator of Secondary Source

You may submit evidence of applicant's use of the mark on goods or in connection with services that differ from the goods listed in the application to establish that applicant's use is an indicator of secondary source for applicant's goods. This evidence can include other trademark applications or registrations for the same mark for different goods/services or evidence of actual use of the mark on other goods/services. For example, a university that provides educational services could apply for its name on the front of t-shirts. While use on the front of a t-shirt may not be considered acceptable trademark use, the university could provide a service mark registration or other evidence to show that it provides educational services as evidence of secondary source for the t-shirts to overcome the refusal.

For more information on secondary source, see TMEP §1202.03(c).

TEAS ROA form instructions: You should respond using the Trademark Electronic Application System (TEAS) "Response to Office action" (ROA) form (available at, which automatically provides any required statement and supporting declaration language referenced in the Office action.

Answer "Yes" to form wizard question #1. Use the first "Click here" button to enter an argument as to why the mark is an indicator of secondary source and the second "Click here" button to attach JPG/PDF image files of the relevant evidence. For technical assistance, contact