Precedential No. 21: TTAB Extends Safer Requirements To Internet Evidence Submitted By Applicants

In yet another decision involving the admissibility of Internet evidence, the Board made clear that its recent ruling in In re Mueller Sports Medicine [TTABlogged here] extends to trademark applicants as well as examining attorneys. In Mueller, the Board held that Internet evidence submitted by an examining attorney that did not include the date of access and the pertinent URL was objectionable. Here, the evidence at issue was submitted by the applicant. However, since this applicant's faulty submission occurred prior to issuance of the Mueller decision, the Board decided to consider the evidence. Nonetheless, the Board affirmed Section 2(d) refusals of the mark INDIGO in standard character form and in the design forms shown below [AR disclaimed] for "optical lenses, namely, corrective lenses sold through eye care professionals," in view of the registered mark INDIGO for "ski glasses, ski goggles, goggles for sports, protective sport helmets; sunglasses, bags