TMEP 904.03(i)(D): Beta Websites

October 2017 Edition of the TMEP

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904.03(i)(D)    Beta Websites

In some cases a specimen may consist of an excerpt from a website labeled as "beta." This term is commonly used to describe a preliminary version of a product or service. Although some beta websites may not be accessible to consumers, others are. Thus, the use of this term in connection with an apparently functioning website shown in a specimen does not, by itself, necessarily mean that the relevant goods or services shown on the website are not in actual use in commerce or that the specimen is unacceptable. However, if examination of the specimen indicates that the beta version is not in actual use in commerce, the examining attorney must refuse registration under §§1 and 45 of the Trademark Act because applicant has not provided evidence of use of the applied-for mark in commerce. 15 U.S.C. §§1051, 1127. See TMEP §1301.03(a) regarding service mark specimens containing the term "beta."