IBM's Comments re:Webpage Specimens
IBM thanks the United States Patent and Trademark Office (“Office”) for the opportunity to provide input and comments regarding Draft Examination Guide for Webpage Specimens as Displays Associated with the Goods (“Draft Guide”). IBM uses webpage specimens to show use of IBM trademarks in association with services, and less frequently to show use of IBM trademarks in association with goods. Webpage specimens play an ...more »
IBM thanks the United States Patent and Trademark Office (“Office”) for the opportunity to provide input and comments regarding Draft Examination Guide for Webpage Specimens as Displays Associated with the Goods (“Draft Guide”).
IBM uses webpage specimens to show use of IBM trademarks in association with services, and less frequently to show use of IBM trademarks in association with goods. Webpage specimens play an important role in proof of commercial use of an IBM trademark, particularly an IBM service trademark.
IBM for the most part agrees with the Draft Guide, however IBM does not agree with the restrictive description of the “contact us” button or link in section I.B.3.c for the following reasons. IBM webpages display buttons or links captioned “contact us” but also buttons or links with the following captions “contact IBM,” “request a quote,” “email IBM,” “find a business partner,” or “call IBM,” which serve a similar purpose, namely placing the customer in touch with a representative through whom the customer may purchase an IBM product or service.
Section I. B. 3. c. entitled “Contact Us” states that “for a ‘contact us,’ ‘customize,’ or ‘configure’ button or link to be deemed adequate means of ordering, the record must contain evidence that the button or link permits customers to actually buy the goods.” We consider this to be viewing web pages solely from the perspective of simple on line consumer products.
Unlike consumer product companies, an IBM customer generally cannot order a product or service directly through a “contact us” button, but instead must call a representative. Most of IBM’s products and services are highly complex and customizable to a particular business or client’s needs. IBM subscribes to a business to business (B2B) model and such a model often cannot retrofit the “contact us” button or link on a B2B webpage to meet the qualifications of the “contact us” button or link described in the Draft Guide, qualifications more easily met by simple consumer product companies. Instead, the IBM “contact us” button or link (or the similarly functioning but alternatively captioned IBM buttons or links, described above) reaches a representative from whom the customer can order IBM products and services. Nevertheless, the IBM “contact us” button is no less a demonstration of an adequate means of ordering because, through selection of the “contact us” button, customers can initiate the purchase of IBM products and services through a representative, that ultimately results in the sale Therefore, IBM suggests that the “contact us” button description in the Draft Guide include a description that meets not only the commercial model of simple consumer product companies, but also the model of more complex / customizable product companies such as those in many B2B models. IBM suggests that if the intent of the pictured button or link is a means by which the product or service can ultimately be acquired, IBM respectfully submits that the Office should consider such button or link as an adequate means of ordering, and therefore accept the representation of a webpage of such button or link as an acceptable specimen.
IBM appreciates that the public was given an opportunity to submit comments on the Draft Examination Guide for Webpage Specimens as Displays Associated with the Goods. We look forward to working with the Office on forthcoming examination guides.
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