Section 904.03 Material Appropriate as Specimens for Trademarks

Changes to specimen requirements

I think perhaps it's time for the PTO to re-examine it's requirement that specimens must be in the form of labels and tags, etc.

 

Perhaps thirty years ago it was unheard of for consumers to purchase goods without physically inspecting them. That is no longer the case today. A substantial portion of consumer purchases are made by customers over the web, who never see a physical product until it is delivered to them. How is the association between a mark and a product made, then? By advertising and via web pages selling the goods.

 

It is logically inconsistent to say that an association between a mark and services can be formed by advertising, but an association between a mark and goods cannot be formed the same way. The distinction is no longer a rational one (if it ever was rational) and should be done away with.

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Idea No. 12