When applying for a trademark for goods, it is essential to submit proper specimens to demonstrate how the mark is used in commerce. This article will explain what clients need to provide, including the use of physical product photos and online e-commerce examples.
Understanding Trademark Specimens
A trademark specimen is an example of how the mark is used on goods in commerce. The United States Patent and Trademark Office (USPTO) requires these specimens to ensure that the mark is used in a way that consumers can recognize it as a source identifier for the goods.
Types of Acceptable Specimens for Goods
1. Labels and Tags: These are the most straightforward types of specimens. They must be affixed directly to the goods or packaging.
Example: A label attached to a JCREW® sweater and with a JCREW® branded tag.
2. Packaging: The packaging must clearly display the trademark.
Example: BEATS STUDIO® branded headphone package.
3. Photographs of the Product: When the mark is stamped, engraved, or otherwise permanently placed on the goods, a photograph showing this usage is acceptable.
Example: Diesel Engine with CUMMINS® brand stamped into metal.
Using Online E-commerce Examples
In today's digital age, many goods are sold online. The USPTO accepts screenshots from e-commerce websites as specimens, provided they meet specific criteria.
Requirements for E-commerce Specimens
Having a website isn't enough to demonstrate "use in commerce." Use in commerce requires that you have customers coming to your website and placing orders as well.
1. Website Page Screenshot: The screenshot should include the full webpage where the product is sold.
2. Trademark Visibility: The trademark must be prominently displayed near the product.
3. Pricing Information: The page should show the product price to indicate that the product is available for purchase.
4. Buy Now Button: The webpage must feature a functioning "Buy Now" or similar purchase button to demonstrate that consumers can buy the product directly from the site.
Example: DAKOTA LITHIUM® e-commerce store displaying logo in upper left hand, price, and an "add to cart button."
Common Mistakes to Avoid
- Advertising Material: Advertising alone is not sufficient as a specimen for goods. You also need to have made sales to actual customers (not sham sales to friends or family for the purpose of finishing the trademark application).
- Incomplete Information for e-commerce specimens: Ensure all necessary elements (mark, product, price, purchase option) are included in your specimens.
-Clothing trademarks have special requirements: Make sure you are using your trademark as a trademark, rather than just as a design element on your clothing. See Clothing Trademarks and the Merely Ornamental Objection.
Conclusion
Providing proper specimens is a crucial step in the trademark application process for goods. Whether using photographs of physical products or online e-commerce examples, ensure the specimens clearly demonstrate how the trademark is used in commerce. By following these guidelines, you can help ensure a smooth and successful trademark registration process.