TMEP 1301.04(h)(iv)(C): Webpages

This is the October 2015 Edition of the TMEP

Previous: §1301.04(h)(iv)(B) | Next: §1301.04(h)(iv)(D)

1301.04(h)(iv)(C)    Webpages

Webpages from an applicant’s or a third-party’s website are routinely submitted as advertising and are acceptable if they show the mark used as a service mark, explicitly/textually reference the identified services, and associate the mark with those services.

Webpages lacking a reference to the services may be acceptable if they show use of the mark in rendering the services. See TMEP §1301.04(i), Example 14 (OUTERNAUTS).

Webpages from social-networking websites should be scrutinized to ensure that the mark is properly associated with the identified services. Some applicants may mistakenly mischaracterize their services as “social networking” because they assume that advertising or promoting their non-social-networking services via a social-networking website means they are providing social-networking services. For instance, an applicant may mistakenly file an application for “online social-networking services” and provide a Facebook® webpage as a specimen when, in fact, they operate a pet store and are only using the Facebook® website to advertise the pet store and communicate information to and messages with actual and potential customers. Such a specimen is not acceptable for the social-networking services since it does not demonstrate that the applicant is providing these services.