N.Y. Comp. Codes R. & Regs. tit. 19 § 140.4
When registration is sought of a mark which would be unregistrable by reason of section 360-a(e) of the General Business Law but which is said by the applicant to have become distinctive in commerce of the goods or services set forth in the application, the applicant may, in support of registrability, submit with the application, or in response to a request for evidence or a refusal to register, affidavits, depositions or other appropriate evidence showing duration, extent and nature of use and advertising expenditures in connection therewith (identifying types of media and attaching typical advertisements), and affidavits, letters, or statements from the trade or public, or both, or other appropriate evidence tending to show that the mark distinguishes such goods or services.
N.Y. Comp. Codes R. & Regs. Tit. 19 § 140.4