Catalogues held not to qualify as acceptable specimens of use

World Trademark Review Daily
March 19, 2014

Providing evidence of how a trademark is used in United States commerce to support a United States trademark application is not always as easy as it seems. When specimens showing the mark on product or on labels, hang tags or packaging for the product are not available as a way to satisfy the proof of use requirement, trademark owners may to turn to advertising or catalogs that feature the mark for which registration is sought. products those materials may not always be readily available. In the March 2104 issue of World Trademark Review Daily, Timothy Kelly reviews the recent precedential decision by the Trademark Trial and Appeal Board in In re U.S. Tsubaki, which discusses relying on such “non-standard” evidence of use and explains that to the extent advertising and catalogs do not provide the consumer with the opportunity to consummate a sale of the goods for which registration is sought, they are not going to be acceptable specimens of use.

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