When practicing before the Trademark Trial and Appeal Board (TTAB), few things are more critical than understanding how to properly introduce evidence. Unlike federal courts, where live testimony and in-court exhibits are common, the TTAB operates on a written record. That means every argument must be anchored to formally submitted evidence—and for internet-based material, that’s where many trademark litigators stumble.

The rise of online brand activity has made internet evidence a frequent and often essential part of TTAB proceedings. Whether it’s screenshots of third-party websites, digital advertisements, or search engine results, online content can make or break a case. But submitting this type of evidence incorrectly can leave even the strongest legal argument unsupported—and inadmissible.

Understanding how to get it right isn’t just helpful; it’s necessary.

Why Internet Evidence Requires Special Handling

Internet content isn’t permanent. Websites change, links expire, and search results vary by user and location. Because of this, the TTAB enforces specific protocols for admitting online materials into the record. It’s not enough to say, “I saw this online”—you have to show when and where, and you have to do it within the Board’s rules.

The TTAB requires that any web-based evidence submitted must clearly show the source URL and the date the content was accessed or printed. This is not optional. It is essential to demonstrating that the evidence was valid, viewable, and relevant at the time it was gathered.

If you submit a screenshot from a brand’s website to prove use of a similar mark, that screenshot must display the page’s web address and indicate when the image was captured. If either piece is missing, the evidence is vulnerable to being excluded—even if it would have supported your case.

What Doesn’t Count as Proper Evidence

Time and again, the Board has clarified in published TTAB Tips that certain practices do not establish evidence of record. Linking to a webpage within a brief, referencing a site in argument, or relying on documents not formally introduced during the correct phase of the case will not satisfy the Board’s evidentiary requirements.

The TTAB will not consider materials attached to motions or briefs unless those materials are independently made part of the record. In other words, you can’t sneak in screenshots or web articles as attachments and expect them to be reviewed. You must use specific procedural tools like notices of reliance, declarations, or properly handled testimony to introduce this kind of evidence.

Even something as seemingly minor as an illegible date stamp or a cropped URL on a screenshot can be grounds for exclusion. The TTAB isn’t trying to be difficult—it’s applying clear standards to ensure fairness and reliability in proceedings where there’s no live cross-examination or in-person vetting.

Methods for Getting It Right

To successfully make internet evidence part of the record, practitioners have several options. One common route is filing a notice of reliance under 37 C.F.R. § 2.122(e). This allows self-authenticating documents to be introduced as evidence—so long as they meet the requirements of being publicly available and clearly attributable to a source.

Another option is including web evidence in a sworn declaration or affidavit, usually during the trial phase. Declarations can be especially useful when providing context for screenshots or search results, and they help establish authenticity when the source might be questioned.

A third method involves using the materials in deposition testimony. This is more formal and less commonly used with internet evidence, but it remains an option—especially if a witness needs to explain the significance or origin of a document.

Whichever method you choose, make sure that the document is accessible, complete, and verifiable. Half-pages, broken images, and redacted URLs raise red flags and may not be given weight.

The Pitfalls of Search Engine Results and Lists

Search engine results are often used to show that a term is commonly used in commerce, or that similar marks exist in the marketplace. While these can be persuasive, they come with a set of challenges. Merely presenting a results page from Google or Bing isn’t enough. You need to show the full URL, the search terms used, the date of the search, and preferably include the actual pages being linked to—not just the snippets in the results.

The same principle applies when introducing evidence of third-party trademark registrations. The TTAB prefers full TSDR or TESS printouts that show the registration number, current status, owner, and listed goods or services. Summaries or incomplete excerpts don’t carry the same evidentiary weight and may not be accepted as proof of third-party use or registration.

Timing Is Everything

Submitting the right evidence in the wrong phase of the proceeding can be just as damaging as not submitting it at all. The TTAB follows a strict schedule, and evidence must be entered into the record during specific windows—such as the trial period in inter partes cases or within the appeal record in ex parte proceedings.

Once that window closes, you’re out of options unless the Board grants a motion to reopen or remand. But these are rarely granted unless you show extraordinary circumstances. Therefore, it’s crucial to treat deadlines seriously and plan ahead.

Late filings, even with compelling evidence, will likely be ignored.

The Cost of Carelessness

Improper submission of internet evidence is one of the most preventable reasons for losing a case before the Board. It’s not uncommon to see decisions where arguments are dismissed simply because they relied on evidence that was not properly introduced. No matter how persuasive the screenshots or search results might be, if the materials don’t follow TTAB rules, they hold no legal weight.

These are the kinds of errors that can damage credibility with clients, frustrate your case strategy, and ultimately cost you a win. The good news is that every one of them can be avoided by following best practices and staying current on guidance issued in TTAB Tips.

A Smarter Approach to Online Evidence

The Board isn’t opposed to internet evidence—it recognizes that digital materials are increasingly relevant in trademark disputes. But it does expect practitioners to submit those materials with precision and formality. That means every screenshot, web printout, and online article must be handled like any other piece of critical evidence: carefully, deliberately, and within the rules.

So before you finalize your next TTAB filing, pause to confirm that your web-based exhibits meet all procedural requirements. Does each page show a complete URL? Is there a clear access date? Was the material submitted during the appropriate phase and via the correct method?

If not, even the most compelling visual proof could be deemed irrelevant.