[E-trademarks] Service Mark Specimen for Multiple Marks

[Nicole Katsin]

Hello List Colleagues,

Have any of you had experience using one informational webpage as the specimen for multiple marks on the same page? In the past we have had success by largely placing 4 stylized marks at the top of the informational page in a row and the same specimen was accepted for each mark. For visual reference it was laid out as below:

MARK1                 MARK2                 MARK3                 MARK4

[INFORMATIONAL PARAGRAPHS HERE]

We recently tried to use this same approach for another client and the examiner refused the specimen because “the specimen does not show a direct association between the mark and services in that the applied-for mark is one of five marks present on the website and there is no indication that the applied-for mark is the one mark that identifies the services or the source of the services.”

Given this identical approach has worked in the past, we were surprised by the refusal, but were wondering if any of you had similar experience or if you thought possibly spacing out the marks throughout the page instead of all at the top would be acceptable. Any thoughts are greatly appreciated.

Best,

Nicole A. Katsin
Partner

EVOKE LAW, PC
The Legal Edge in Branding®
Trademark and Copyright
201 Spear Street, Suite 1100, #16
San Francisco, CA  94105
Phone:  415.398.3141
Cell: 714.615.7282
Email:  nicole at evoke.law<mailto:nicole at evoke.law>
www.evoke.law

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