The Trademark Act merely requires that a mark be used in commerce. It does not say that the mark must be used on the goods. This section is a common sense alternative to the overly-rigid standard set by the Trademark Rules. If a mark is used on invoices received by the buyer, that is a good use under the Trademark Act. It should also be good use under the Trademark Rules and the TMEP.
Section 904.03 Material Appropriate as Specimens for Trademarks
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.... more »