What Is An Appropriate Trademark Or Service Mark Specimen

TMEP 1301.04(i): Examples of Adequate Service-Mark Specimens

Oct 2017 Edition of the TMEP

Previous: §1301.04(h)(iv)(D) | Adjacent: §1301.04(j)

1301.04(i)    Examples of Adequate Service-Mark Specimens

Deject-Computing Services

EXAMPLE ane

Marking: CSC CLOUDLAB

Relevant Services: Infrastructure as a Service (IAAS) services, namely, providing spider web-based use of virtualized reckoner hardware, networking, and storage equipment on a utility computing ground, namely, providing virtual figurer systems and virtual computer environments through cloud calculating, in Class 42.

Assay:

• Specimen is described every bit "web page screenshot" and appears to be advertising.
• Marking is displayed virtually the top center of the webpage in big, colour font, and in the heart eye of the webpage at the start of a statement shown in bold font.
• Services are referenced in the following statements:
  • "CSC CloudLab offers on-demand, web-based access to virtual machines and information centers."
  • "CloudLab Cloud Application Testing Services delivers on-need scalable, virtualized infrastructure."
• Mark-services association is present because the mark is used directly in connection with the services in textual statements describing the services, and is placed immediately to a higher place explicit/textual references to the services.

Instance ii

Original Specimen

Substitute Specimen

Mark: PARSE

Services: Platform as a service (PAAS) featuring calculator software platforms offering server-side functionality to provide backend services, namely, data storage, push notifications and user direction, all for mobile applications, in Form 42.

Analysis:

• Original specimen is described as "website offering purchase and download of Parse software"; the substitute specimen is described as "website advertising."
• On the substitute specimen, the marking is presented in large font on the superlative of the webpage and on the screen of an electronic device.
• Original specimen was refused considering the specimen and its description indicated the mark is used in association with software goods rather than PAAS services.
• Substitute specimen is acceptable due to the post-obit statements referencing the services and the following indicia of the context in which the services are rendered:
  • The diction "The mobile app platform for developers" and "Add together a powerful and scalable backend in minutes for your Marketing App" describes the nature of the services.
  • The "Manage your apps" button indicating that the services are accessed past clicking on the button.
• Mark-services clan is present because it is customary to display service marks nearly the elevation of the webpages on which the services are advertised or through which they are accessed, rendered, and experienced. Here, the mark is in shut proximity to explicit textual references to the services and the "Manage your apps" button, thus creating the marker-services connectedness.

EXAMPLE 3

Marking: MONTAGABLE

Services: Computer software platform equally a service (PAAS) featuring reckoner software platforms for awarding building, in Class 42.

Assay:

• Specimen is described as "screenshots" from applicant's website and appears to be advert.
• Mark is prominently shown in large font on the top of the webpage.
• Services are referenced in the following statements:
  • "Montagable is a better manner to build web apps."
  • "Thanks to our sectional, structureless database platform, it's incredibly quick and painless to get your custom app upwardly and running...."
  • "Everything'south hosted and managed on our secure services, then you tin always get to information technology with any internet connection."
• Mark-services association is present considering the mark is used directly in connection with the services in textual statements describing the services, and is placed immediately to a higher place explicit textual references to the services as well as in statements referencing the services.

Example 4

Marker: STAFFTAP

Services: Software every bit a service (SAAS) services featuring software for use in staff management and related scheduling tasks, in Course 42.

Assay:

• Specimen is described as "screenshot capture of a representative online portal" and appears to testify the mark used in rendering the services.
• Mark appears prominently in big font on a launch screen, on the sign-in screen, and on the superlative of a screen displaying the software services in use.
• Services are indicated past the context in which they are rendered, every bit follows:
  • A launch screen with the wording "Version one.0.27" indicates the version of the online software services being rendered.
  • The "Employee Login" screen indicates that i must log in to access the software services and the subsequent screen shows the schedule for Friday and Sabbatum.
  • A screen showing a engagement and time grid for scheduling tasks and the menu on the left containing options, including "Manage My Shifts" and "View Job Assignments," indicates the staff management functions of the software services.
• Mark-services association is present because the mark appears on the launch screen where information technology is customary in such manufacture to place the mark under which the services are offered and such placement is recognized as the introduction of the online services; and the mark also appears on the sign-in screen where it is customary to input credentials to gain access to online services. The context in which the marking is used, i.e., on the title and sign-in screens, creates the marking-services connection (since using such screens is common practice for rendering such services) and implies that the services are available and rendered once the user initiates access to the services by logging in. The launch screen alone is acceptable considering it is mostly known that such screens are used to initiate the start upwards of or admission to online services. The sign-in screen is besides adequate on its own since it is a mostly known means of accessing online services. The mark is likewise displayed on another screen which shows the marker while the services are being performed and, thus, the proximity of the marking to the services conveys a connexion.

Instance 5

Mark: ATHENACOORDINATOR

Services: Physician order support services and medical do management services relating to medical tests and procedures, namely, verifying patient eligibility and benefits, handling scheduling requests, obtaining insurance pre-certifications, handling patient pre-registrations, and collecting self-pay balances from patients, in Class 35; and Software equally a service (SAAS) services featuring software for use in communications between physicians and other participants in the health care system with respect to orders for medical tests and procedures, in Grade 42.

Analysis:

• Specimen is described as a "brochure" and appears to be advert.
• Mark appears prominently in large font on the top of the brochure.
• Form 35 services are referenced in the following statements:
  • "Through software and service, we deploy disquisitional noesis to back up effective and efficient care coordination."
  • "A dedicated team of remote specialists with essential clinical and payer knowledge verifies eligibility and benefits. They also obtain required insurance pre-certifications to ensure claims get paid the outset fourth dimension."
  • "A dedicated team of specialists delivers pre-registration services to ensure order fulfillment, registering patients in the hospital system and collecting cocky-pay balances. Patients and physicians do good from an efficient registration process."
• Class 42 services are referenced in the following statements:
  • "Through software and service, we deploy disquisitional knowledge to support effective and efficient care coordination."
  • "The spider web-based platform facilitates like shooting fish in a barrel order entry and condition for physician, enables our pre-certification and pre-registration services and delivers a "clean" order to the hospital."
• Mark-services association is nowadays considering the mark is used direct in connection with the services in textual statements describing the services, and is placed immediately above explicit textual references to the services.

Non-Downloadable Software Services

Case 6

Marking: MYFITAGE

Services: Providing temporary use of non-downloadable calculator software for retirement planning, in Form 42.

Analysis:

• Specimen is described equally "spider web printout" and appears to prove the mark used in rendering the services.
• Marker is shown in big font at the top of the webpage and in the center of the webpage.
• Services are referenced in the following statements and indicated by the context in which they are rendered, as follows:
  • The wording "financial planning simplified" appears above the mark.
  • The wording "Fiscal Independence Target" appears below the mark.
  • "myFiTage is your reality check. It estimates your FiT Age – the earliest age where your futurity financial resource are expected to exceed your future living needs."
  • "Log in" fields are provided for accessing the non-downloadable software.
• Mark-services association is nowadays because the marking appears on the sign-in screen where information technology is customary in such industry to input credentials to gain admission to online services. The context in which the mark is used, i.e., during the sign-in process, creates the connection with the services since sign-in screens are common practice and imply that the services are bachelor and rendered one time the user logs in. Additionally, the mark is used directly in connectedness with the services in textual statements describing the services, and is placed to a higher place and below statements referencing the services, further carrying the mark-services connection. The sign-in screen lonely would also be acceptable even if the services were non textually referenced since it is a generally known means of accessing online services. The specimen is acceptable both as an advertizement and as showing the mark in rendering the services.

Instance 7

Mark:

Services: Medical Billing Back up, in Form 35; and Providing on-line, non-downloadable, Internet-based software application for medical billing for physicians and health care institutions, in Course 42.

Analysis:

• Specimen is described as an advertisement.
• Marker is prominently displayed in large, colour font in the heart of the advertizement.
• Class 35 services are referenced in the following statement:
  • "Height-notch Medical Billing Services."
• Form 42 services are referenced in the following statements:
  • "Deject-based Practice Direction and EHR Solutions."
  • "Any device. Any time. Anywhere.......ClinicAnywhere."
• Marker-services association is present because the mark is used directly in connection with the services in textual statements describing the services, and is placed immediately beneath explicit textual references to the services.

Application-Service-Provider (ASP) Services

Case eight

Mark: INSITE TICKETING

Services: Awarding service provider (ASP), namely, hosting reckoner software applications for others in the field of ticketing and related ticketing services, in Class 42.

Analysis:

• Specimen is described as a "screen shot" and appears to evidence the marker used in rendering the services.
• Mark is prominently displayed on the lesser of the screenshot.
• Services are indicated by the context in which they are rendered, every bit follows:
  • The mark is displayed directly beneath the area where customers purchase tickets, thereby indicating that the ASP hosting or providing the software services is INSITE TICKETING.
  • The wording "Technology past" placed next to the marker, implies that the software engineering science services that are operating the website are provided by the applicant.
• Marking-services association is present because the mark is displayed on the screen where the services are rendered and experienced. While some other mark, "Ticket Central," is shown on the peak left of the webpage, information technology appears to exist associated but with ticket-purchasing services, not ASP services, and thus does not backbite from associating the applied-for marking with the identified services.

Telecommunications Services

Instance 9

Original Specimen

Substitute Specimen

Marking: GOVHUB

Services: Providing on-line forums for transmission of letters among computer users, in Class 38.

Analysis:

• Original specimen is described as "website screen-shot" and the substitute specimen is described every bit "screenshot of the homepage of the website."
• Marker is presented on the substitute specimen at the top right of the webpage.
• Original specimen was refused because it failed to reference the services.
• Substitute specimen is adequate considering the services are indicated past the following:
  • "Sign in to GovHub" indicates that a user may log in to utilise the services, i.e., read and ship messages.
  • "Top Discussions" shows two word topics in progress, and the "v" and "0" shown in the colour blue specify that at that place are 5 messages posted for the first discussion and 0 for the second discussion, indicating that the services involve on-line forums for transmission of messages.
• Mark-services clan is present on the substitute specimen because it is customary to display service marks well-nigh the top of the webpage on which the services are advertised or through which they are accessed, rendered, and experienced. Hither, the mark is in proximity to indicia implying the services and no other marks appear to negate the mark-services connectedness. While the services are not explicitly textually referenced, when viewing the heading "Top Discussions," the two discussion topics below information technology, and the "five" and "0" messages posted almost the discussion topics – all these factors together indicate that applicant is offering online forum services.

EXAMPLE 10

Mark: HOMETOWN SOUNDS

Services: Electronic transmission and streaming of digital media content for others via global and local computer networks; Streaming of audio fabric on the Internet; Transmission services via the Internet, featuring MP3 files and music videos, in Grade 38.

Analysis:

• Specimen is described every bit "website for Hometown Sounds" and appears to evidence the marker used in rendering the services.
• Mark is presented in large font on the acme of the webpage.
• Services are referenced in the post-obit statements and indicated by the context in which they are rendered, as follows:
  • The diction "DC's local music internet station" describes the services.
  • The wording "Heed Now" indicates that the website may be used to stream audio content.
  • The link "Click Here to heed to Hometown Sounds" indicates that the services are accessed past clicking on the link.

• Marker-services association is present because it is customary to display service marks nigh the top of the webpage on which the services are advertised or through which they are accessed, rendered, and experienced. Here, the mark is physically close to indicia implying the services and no other marks announced to negate the mark-services connection. The marking appears above textual references to the services likewise as in textual instructions for accessing the services, which further conveys the mark-services connexion. The specimen is acceptable both as an advertizement and as showing the mark in rendering the services.

Case 11

Marking:

Services: Broadcasting of video and sound programming over the Internet, in Class 38.

Assay:

• Specimen is described as "web page" and appears to show the mark used in rendering the services.
• Mark is shown in large font on the top of the webpage.
• Services are indicated by the post-obit:
  • A freeze-frame of a video featuring a play button is displayed, indicating the services are accessed by clicking the play button.
  • The wording "Bring together Now! Get the latest feel-skilful videos, news and events" conveys the different content that is available for broadcast.
  • The wording "Latest Videos" and the images of several videos appear nigh the lesser, implying that other videos are bachelor for broadcast.
• Mark-services association is present because it is customary to display service marks nigh the top of the webpages on which the services are advertised or through which they are accessed, rendered, and experienced. Here, the marker is sufficiently near indicia implying the services and no other marks appear to negate the mark-services connexion. While the nature of the services is not explicitly textually referenced, the display of the play push and "Latest Videos" indicate that bidder is offer broadcasting services.

Entertainment Services

Example 12

Mark: CINEMAX

Services: Amusement services in the nature of providing entertainment programming and content, namely, on-going idiot box programs, and related clips and graphics and information relating to television programming and content in the fields of comedy, drama, action, chance via television receiver, cable and satellite systems, the Internet, electronic communications networks, computer networks and wireless communications networks, in Form 41.

Assay:

• Specimen is described every bit "mark equally used in commerce on specified goods and services" and appears to be a webpage advert some of the identified services and rendering other identified services.
• Marker is displayed prominently at the top of the webpage.
• Services are referenced in the following wording and statements:
  • The navigation tabs at the top "VIDEOS," "SCHEDULE," "ORIGINAL SERIES," "MOVIES," and "AFTER Night" betoken the entertainment content available.
  • The play push adjacent to "Spotter PREVIEW" indicates that a clip of the prove "Aviary BLACKOUT" may be viewed.
  • The reference to "BANSHEE" states "From the creator of 'True Blood' comes a Cinemax original series about a small town where null is as it seems...," advertising some other on-going idiot box plan.
• Mark-services association is present considering information technology is customary to display service marks near the height of the webpage on which the services are advertised or through which they are accessed, rendered, and experienced. Here, the marker is sufficiently near textual references to the services, thus indicating the mark-services connection.

Instance xiii

Mark: DELICIOSO

Services: Entertainment and instruction services, namely, ongoing television program concerning cooking and nutrition, in Class 41.

Analysis:

• Specimen is described as a "photograph of opening title of applicant'southward television set program" and appears to show the marker used in rendering the services.
• Mark is prominently shown in large font on the title screen of an electronic device that is displaying the ongoing idiot box program.
• Mark-services association is present because the mark appears on the title screen where it is customary in such industry to place the mark under which the services are promoted. Information technology is mutual exercise for a title screen bearing the mark to announced at the start of entertainment content and indicate the launch of the services. While the nature of the services is not textually referenced, information technology is sufficient that the overall content of the specimen implies that applicant is offering entertainment services.
• The specimen would be unacceptable without the specimen description, which clarifies that the specimen is an "opening championship" and places the marker in the context of providing the services. Since the specimen could possibly be print advertising, a specimen clarification is necessary to clarify the nature of the specimen. The elevation right corner of the specimen shows some wording that suggests that the title screen is displayed on an electronic device. However, since that diction is not legible and the context of the championship screen is not visible, the nature of the specimen is unclear and, thus, a specimen clarification is required clarifying that it is a championship screen.

EXAMPLE 14

Mark: OUTERNAUTS

Services Entertainment services, namely, providing online video games, in Class 41.

Analysis:

• Specimen is described as a "screenshot of the page on Facebook.com, an Internet website, from which the services are provided to users" and appears to show the marker used in rendering the services.
• Marker is prominently shown in large font near the summit of the webpage.
• Services are referenced in the following statements and indicated by the post-obit:
  • The marker appears well-nigh video game data "Get Star Gems," "Leaderboard," and "loading Outernauts."
  • The marker appears virtually the word "Games," generally referencing the services.
• Mark-services association is present because information technology is customary to display service marks near the top of the webpage on which the services are advertised or through which they are accessed, rendered, and experienced. Here, the mark is near indicia implying the services and other marks appear to cloud the marking-services connection. While the specimen shows the webpage is from a third-party website, i.e., Facebook®, this does not diminish the requisite association due to the proximity of the applied-for mark to the matter indicating the online services, which appear to be directly launched from the website. The screenshot also appears to be of the title or launch screen of the online video game, where information technology is common practice in such industry to place the marker under which the services are promoted and where such placement is recognized every bit the introduction of the online services. The screenshot here implies, and it is generally known, that access to and performance of the services begins with this screen. The specimen description combined with the wording "loading Outernauts" further supports the mark-services connection. The specimen is also acceptable as an advertizing since the word "Games" appears on the lower left corner as part of a third-party marker "Insomniac Games." It may be inferred that the combination of the practical-for marking OUTERNAUTS with the reference to "Games" and to "EA" sufficiently and textually references the online video game services.

Case 15

Mark: KURBKARMA

Services: On-line matching services for connecting machine drivers with other drivers who are, respectively, searching for or departing from parking spaces accessible via a mobile application, in Class 35.

Analysis:

• Specimen is described every bit "screenshot of the ITunes store which features Applicant's marking and describes Applicant's services."
• Mark is displayed in bold font in the middle left of the webpage.
• Services are indicated past the post-obit:
  • The iPhone® screen images conspicuously and legibly show the wording "Accept a Spot," "Need a Spot," and "Available Spots," indicating the services being performed by the bidder via the app.
• Mark-services association is present considering the mark is placed in sufficiently close proximity to the iPhone® screenshots, which show the services as they are accessed and rendered via the device.

EXAMPLE 16

Mark: VTECH Straight

Services: Providing a web site for online business organisation-to-concern store services featuring wireline telephony products and wireless allegiance streaming music devices; online business concern-to-business store featuring wireline telephony products and wireless fidelity streaming music devices, in Grade 35.

Assay:

• Specimen is described every bit "pages from website" and appears to show the marking beingness used in both the advertising and rendering of the services.
• Marker is displayed prominently in bold font on the top left of each webpage.
• Services are referenced and indicated by the following:
  • "Sign In" fields are provided for accessing the online concern-to-business store services, indicating that 1 may access the services by logging in.
  • "Melody in over xi,000 stations around the globe using wireless Internet access. Listen to music, sports, talk radio and more."
  • Image of an electronic streaming music device described as "IS9181 – (80-6569-02) Stream internet radio stations Stream digital music files stored on your PC or Mac Connect to your MP3 or CD role player."
• Mark-services clan is present because it is customary to display service marks almost the meridian of the webpage on which the services are advertised or through which they are accessed, rendered, and experienced. Here, the mark is near explicit textual references to the services, thus carrying the marking-services connection. The webpage showing the sign-in fields is an acceptable specimen since signing-in is a by and large known ways of accessing online services. Thus, the specimen is acceptable both as an advertisement and equally showing the marking in rendering the services.

EXAMPLE 17

Mark: CASHFLOW UNITS

Services: Investment products, namely, wealth management and performance tracking, and providing financial advisory and financial portfolio management services, in Form 36.

Analysis:

• Specimens are described every bit "webpages."
• Mark is placed below "the McGowanGroup Asset Management imprint."
• The Board held the specimen acceptable every bit showing utilize of the mark in rendering the services based on the following findings:
  • "The disclosures at the bottom of one webpage inform the viewer that applicant is a 'Federally Registered Investment Advisory House.'"
  • The mark "appears under the McGowanGroup Asset Management banner, thus informing the viewer that CASHFLOW UNITS are part of an nugget direction service."
  • Directly beneath the mark are links to 2 documents: (1) the "MGAM Wrap Program Assets Discretionary Advisory Agreement"; and (2) the "MGAM RIA Disclosure". The Lath noted that the showtime document is the bidder's contract and an offer to enter into an agreement for advisory services, and the 2nd document is the applicant'southward notice of compliance with the conflict of interest rules.
  • The marker on the webpage is placed "in close proximity to links for documents used by applicant in rendering those services" and "the links to these documents create an association between the marker and the offered service activity."

EXAMPLE eighteen

Mark: RIDE 411

Relevant Services: Providing an online search engine service for new and used auto listings and motorcar related data; Providing specific information every bit requested by customers via the Net; Provision of Net search engines; Provision of search engines for the Internet, in Class 42.

Analysis:

• Specimen is described equally "screen shot of our website" and appears to exist a webpage advert some of the identified services and rendering other identified services.
• Mark is displayed in large, color font on the summit of the webpage.
• Services are referenced in the following statements and indicated by the context in which they are rendered, as follows:
  • "Simply type any keyword(s) into our search engine to observe a group of suppliers for exactly what you are looking for, or select from a category and drill down from there."
  • The wording "Your destination for difficult to find classic auto parts, services, events & more" and "Discover... How can I find hard to locate parts for my classic automobile?" indicates the nature of the services provided.
  • Hyperlinks appear under "Locate Parts," "Locate Services," and "Search By Category."
• Services are provided primarily for the benefit of others, i.e., the users are able to view the search results from a variety of sources from the Cyberspace in one list.
• Mark-services association is present because it is customary to brandish service marks near the summit of the webpage on which the services are advertised or through which they are accessed, rendered, and experienced. Here, the mark is near textual references to the services, thus indicating the mark-services connection. The marker is as well near indicia of the services, i.e., searchable links and categories for locating automobile parts and services, which is also sufficient to prove a mark-services clan. Thus, the specimen is adequate both every bit an advertisement and as showing the marking in rendering the services.

Instance 19

Marker: (stylized oral communication bubbles)

Services: Online social networking services, in Form 45.

Assay:

• Specimen is described equally "screenshot of applicant's software" and appears to show the marker used in rendering the services.
• Mark is displayed in the color blueish at the bottom of the screen of an electronic device.
• Services are indicated by the following:
  • A highlighted "People" tab appears at the top of the screen, as does a search bar containing the diction "Search for people."
  • The wording "People I Follow (41)" indicates that the user follows 41 people and the screen shows a listing of people being followed, each specifying the number of "people in mutual."
• Applicant explained that the specimen is a screenshot from an Apple® handheld mobile device showing the mark used in rendering the services.
• Mark-services association is present because the mark appears on the screen of an electronic device via which the online services are accessed, rendered, and experienced. Additionally, the marker is displayed on the screen below indicia implying the services as well every bit showing the services as they are accessed and rendered via the device. The context in which the mark is used, i.e., while the services are being performed and experienced, creates the association with the services. The presence of a tertiary-party mark (AT&T®) displayed on the elevation left of the screenshot does not detract from the bidder'due south marking being associated with the services. The AT&T® mark denotes the telecommunications company that provides the connection to the Internet, only information technology appears that the applicant'southward services enable online social networking.

What Is An Appropriate Trademark Or Service Mark Specimen,

Source: https://www.bitlaw.com/source/tmep/1301_04_i.html

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