A petition must include a statement of the relevant facts and be accompanied by any evidence to be considered. 37 C.F.R. §§2.146(c), 2.147(a)(2)(ii)-(iii), (b)(2)(i)-(iii). Any recitation of facts or evidence submitted with the petition or to supplement the petition must be verified with an affidavit or declaration under 37 C.F.R §2.20. 37 C.F.R §§2.146(c), 2.147(a)(2)(iii), (b)(2)(i). When facts are to be proved on petition, petitioner must submit proof in the form of verified statements signed by someone with firsthand knowledge of the facts to be proved. 37 C.F.R §2.146(c)(1). For example, if the petitioner seeks waiver of a provision of the rules under 37 C.F.R §2.146(a)(5) and §2.148, a declaration or affidavit submitted as evidence of an extraordinary situation must be signed by an individual with firsthand knowledge of the circumstances asserted to be extraordinary. See TMEP §1708 regarding petitions to the Director seeking waiver of rules.

Petitioners should not submit as evidence any documents that are already part of the record for the subject application or registration, or any USPTO records that are not relevant to the petition. For example, in most circumstances, submitting the entire record of a Trademark Trial and Appeal Board (Board) proceeding or the entire record of an application or registration would not be necessary to support a petition; only relevant documents from such records should be submitted. Further, it is inappropriate for the petitioner to "dump" evidence and leave it to the Office to determine its possible relevance. Therefore, a petition accompanied by more than 75 pages of evidence must include a separate itemized index listing the supporting evidence and identifying what fact(s) it supports, along with an explanation of why it is necessary to include more than 75 pages of evidence, or the petition may be considered incomplete. In such a case, a staff attorney or paralegal in the Office of the Deputy Commissioner for Trademark Examination Policy will notify the petitioner that an index and explanation are required, and grant the petitioner 30 days to submit these items. If the petitioner does not submit the index and explanation within the time allowed, the petition will be denied, or, in appropriate cases, a decision on petition will be rendered based on the first 75 pages of evidence.

When a petition includes an unverified assertion that is not supported by evidence, a staff attorney or paralegal in the Office of the Deputy Commissioner for Trademark Examination Policy will notify the petitioner that an affidavit or declaration is required, and grant the petitioner 30 days to submit the necessary verification. If the petitioner does not submit a verification within the time allowed, the petition will be denied, or, in appropriate cases, a decision on petition will be rendered based on the information in the record, without consideration of the unverified assertion.

If physical evidence is available, such as a printout of the trademark electronic filing system submission confirmation page that shows the date of actual receipt of a document by the USPTO (see TMEP §303.02(a)), the petitioner should include the evidence with the initial petition. Evidence consisting only of a verified statement without supporting evidence may not be sufficient.