Webpage specimens as Displays Associated With the Goods
In Section I(A)(1), it states "It should be noted that a webpage showing a picture of the packaging of the goods with the mark appearing on the packaging is an acceptable specimen and does not require a display analysis. " It should be amended as follows (IN CAPS)to reflect that not only a photo of the packaging is sufficient, a photo of the goods bearing the mark is also acceptable: "It should be noted that a webpage ...more »
In Section I(A)(1), it states "It should be noted that a webpage showing a picture of the packaging of the goods with the mark appearing on the packaging is an acceptable specimen and does not require a display analysis. " It should be amended as follows (IN CAPS)to reflect that not only a photo of the packaging is sufficient, a photo of the goods bearing the mark is also acceptable:
"It should be noted that a webpage showing a picture of the packaging of the goods with the mark appearing on the packaging OR SHOWING A PICTURE OF THE ACTUAL GOODS BEARING THE MARK is an acceptable specimen and does not require a display analysis."
Marks are applied on the goods, such as on computer monitors, wireless devices etc.
The Office provides this paragraph as an aside to point out that just as a photo showing good use is acceptable, so too would that photo appearing on the website page. it is not the web page but, rather, the photo specimen that is acceptable. As the Office knows so well, a mark can be applied to the goods, packaging, container, tags etc. So, perhaps we should include acceptance of photos that show uses of the tags on/with the goods as well. As now stated, it is incomplete.
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