Using a Webpage as a Trademark Specimen of Use

Trademark specimens of use based on webpage content have special requirements of which trademark applicants should be aware. When relying on a specimen of use from a webpage, the Trademark Office requires the specimen to show a connection between the trademark and the goods or services identified in the trademark application. Further, the webpage specimen of use should show how consumers may purchase the goods or services identified in the trademark application.

For a webpage specimen of use to be acceptable, the specimen should:

  1. Include a textual description or picture of the products associated with the trademark in the trademark application;
  2. Show that the trademark in close proximity to the description or picture of the products identified in the application; and
  3. Show how consumers may purchase the identified goods, e.g., via an online shopping cart.

When associating a trademark with products for sale on a webpage, the webpage must show the products available for consumers to purchase along with information sufficient for the consumer to order the products. Webpage links or buttons to order or purchase products may be sufficient. The Trademark Office has found webpage specimens sufficient when the webpages included buttons or links providing Shopping Bag, Shopping Cart, Buy, or Add to Cart functions. A phone number or email address on a webpage may meet the requirements, but only if the webpage includes ordering instructions in addition to the phone number or email address.

The layout of the products, trademark, and ordering information depicted in a webpage specimen of use image will also determine whether the specimen is acceptable. The more closely the trademark is tied to the products on the webpage, the more likely the webpage will satisfy the use in commerce requirements. An image of the trademark on the trademark applicant’s own webpage or on a vendor’s webpage may be acceptable if all the specimen of use requirements are satisfied.

If you have questions about securing trademark protection, speak with one of our trademark attorneys today.

Advertisements
This entry was posted in Trademarks and tagged , , . Bookmark the permalink.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s