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Topic: Trademark specimens (Read 1819 times) |
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linyun49
Newbie
Posts: 2
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Trademark specimens
« on: Sep 23rd, 2005, 8:36pm » |
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Will USPTO accept web pages, either in printed form or electronic form, as valid specimens?
Since the Internet has no boundaries, can the usage of a trademark or service mark on owner's web site, no matter where it is set up, be treated as "use in commerce?"
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TataBoxInhibitor
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Posts: 456
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Re: Trademark specimens
« Reply #1 on: Sep 23rd, 2005, 9:34pm » |
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I think they will only accept .jpg files, that are 2megs and less than 2400 x 2400. Goods need to pass by interstate commerce, so the Federal Government can have control under the Commerce Clause. I do not think the internet counts as interstate commerce.
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Isaac
Senior Member
Posts: 3472
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Re: Trademark specimens
« Reply #2 on: Sep 23rd, 2005, 9:41pm » |
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on Sep 23rd, 2005, 9:34pm, TataBoxInhibitor wrote:| I think they will only accept .jpg files, that are 2megs and less than 2400 x 2400. Goods need to pass by interstate commerce, so the Federal Government can have control under the Commerce Clause. I do not think the internet counts as interstate commerce. |
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Hmm, so in your opinion if a company without a brick and mortar store sold books nationwide over the Internet, that company would not be engaged in interstate commerce?
I agree that operating a web site is not enough to establish that a company is engaging in interstate commerce, but suggesting that Internet activity counts for nothing is a mistake.
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| « Last Edit: Sep 23rd, 2005, 9:43pm by Isaac » |
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Isaac
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TataBoxInhibitor
Full Member
Posts: 456
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Re: Trademark specimens
« Reply #3 on: Sep 23rd, 2005, 10:37pm » |
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I guess I can be more specific. Mere use of a TM on a website will NOT count as use in interstate commerce. The interstate transfer of goods will, and will if done OFF a website will as well. The PO said" Since the internet has not boundaries, can the USAGE of a TM or SM on an owner's website, no matter where it is set up, be use". I still say no. "Internet activity" is nice and ambiguous. I ask, "what is internet activity Isaac?" Mere use or the transfer of goods? Something NEEDS to cross state lines, even if you have to walk or throw it over.
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Isaac
Senior Member
Posts: 3472
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Re: Trademark specimens
« Reply #4 on: Sep 23rd, 2005, 11:19pm » |
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I'm not sure what point you are making. I've agreed that simply setting up a web site is not enough. My comment was in reaction to your statement that the internet did not "count" as Interstate commerce.
It may not be necessary to make an actual sale or to transfer goods into another state in order to be conducting interstate commerce in a way that supports registering a trademark. It might be enough that only the sales pitch crosses state lines as long as there is a real intent or capability to fill orders. And a sales pitch delivered via a web page using a trademark to be registered is certainly feasible.
Just as an example, if I offer photo services in the DC area (MD, VA, DC) using the Internet and word of mouth advertising, what specimen's would be appropriate for my trademark. Maybe the only place I use the service mark is on my web page.
This question comes up quite a bit particularly with business just starting out. I feel its pretty important not to suggest that the barrier to federal registration is higher than it actually is. IMO, the OP's question would have to be fleshed out with some facts to give a real answer, but I thought your answer was too strongly negative in view of the limited facts presented.
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Isaac
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