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 »
Webpage Specimens as Displays Associated With the Goods
Another means for ordering (other than a Shopping Bag or Cart) can be provided through online "Inquiry Forms," particularly for technical goods for which the customer must provide product specifications or must inquire about the product specifications described on the webpage before making a purchase decision. Such forms should be deemed to constitute a "means for ordering" the goods, since such inquries are ofte the ...more »
A telephone number or e-mail address that is posted on a website in association with goods (particularly highly technical goods) should be acceptable as a means for placing an order. In the Valenite case, a number for the Customer Service Group provided a sufficient means to qualify the website as a point of purchase display. As expressed by one of our clients, "no matter how the telephone number is shown on the website, ...more »
If the "where to buy" tab links a page with specific retailer links, including a screen shot of that page should be sufficient.
On behalf of a foreign client that does not necessarily sell its goods directly to consumers in the United States, or through ordinary retail outlets, we question why "Contact Us" or "Where to buy" tabs that provide contact info for resellers, wholesalers or distributors but do not provide a direct link to the company for purchasing are always inadequate as evidence that the website is not used as a means for purchasing ...more »
You state "in the rare case of specialized industrial goods for which technical assistance is required in selecting the product ..." Please strike the words "industrial" and "technical" because there are non-"industrial" goods that may require non-"technical" assistance - it might be a product that requires a custom fit, for example a bespoke suit. The exception is still narrow without limiting it to certain classes ...more »
Please consider allowing a sequence of screenshots for showing the three elements listed under "B. Requirements." Splitting content onto different pages is not uncommon and purchasers readily understand the relationship of the pages. For example, in the case of downloadable software, the detailed description of the goods may be on one page with a link that says something like "select version." Following the link will ...more »