SPECIMEN FOR A MARK USED WITH SERVICES

A service mark specimen must show the mark as actually used in the sale of the services, which includes use in the performance or rendering of the services, or in the advertising of the services recited in the application.

Acceptable specimens include newspaper and magazine advertisements, brochures, billboards, handbills, direct-mail leaflets, menus (for restaurants), publicly available press releases (e.g., on the applicant’s website), and the like. Business documents such as letterhead and invoices may be acceptable service-mark specimens if they show the mark and a direct association between the mark and the relevant services.

Direct association is the minimum the specimen must show, and it may be established textually, contextually, or logically.

What is necessary to establish direct association differs depending on the type of specimen submitted, that is, whether it is a specimen consisting of advertising or a specimen used in the rendering of the services:

• Direct Association in Advertising: For specimens showing the mark used in advertising the identified services, to establish the requisite direct association, the specimen must contain a reference to the services, and the mark must be used on the specimen to identify the services and their source. While the services need not be stated word for word, a sufficient reference to the services themselves or a general reference to the trade, industry, or field of use is required. If the alleged reference to the services is so vague that the services cannot be discerned, the specimen will not be acceptable.

• Direct Association in Rendering Services: The services need not be explicitly referenced to establish the requisite direct association for specimens showing the mark used in rendering the identified services. Instead, direct association may be indicated by the context or environment in which the services are rendered or inferred based on the consumer’s general knowledge of how certain services are provided or from the consumer’s prior experience in receiving the services. In other words, the context in which the services are provided and consumer knowledge and experience create an inference of the services without an explicit textual reference to the services.

NOTE: The mere fact that the mark is displayed and the services are explicitly referenced or can be inferred from the context of the specimen does not automatically prove a direct association between the mark and the services. The specimen must associate the mark with the services such that the mark serves as a source identifier for those particular services.