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). When facts are to be proved, the petitioner must submit proof in the form of 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). See TMEP §611.03(a) regarding who can sign a verification.

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.

An affidavit or declaration supporting a petition should be based on firsthand knowledge. See 37 C.F.R. §2.146(c).

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.