trademark acquisition

Webpage Trademark Specimen Invalid Because It Did Not Show Point of Sale Use

Websites today commonly promote sales of products; trademarks are used to identify their source.

So, one would think that use of a trademark on a website promoting a company’s products would qualify as a basis to acquire trademark rights and a trademark registration.

But a recent Federal Circuit decision, In Re Siny Corp. (Fed. Cir. 2019), affirmed refusal of a registration because the specimen, a website page that featured the goods with the trademark, did not contain sufficient information to render it a “point of sale” use of the trademark.

Companies that use websites and trademarks to promote their products should consider how to conform them to the minimum legal requirements for what is known as “technical trademark use,” or consider whether to make other uses of the trademark that qualify for registration.