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ARTICLE · 01 JUNE 2022

Service Mark Specimens Must Show A Direct Association With The Services

Cowan, Liebowitz & Latman, PC
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If you file a U.S. application to register a service mark based on its use in commerce, take care to select an acceptable specimen of use to support that application.

United StatesIntellectual Property
Emily F. Stein
Emily F. Stein

If you file a U.S. application to register a service mark based on its use in commerce, take care to select an acceptable specimen of use to support that application.

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Unacceptable Specimen of use of PVPW for water delivery services

Section 45 of the Trademark Act says that a service mark is used in commerce "when it is used or displayed in the sale or advertising of services." This has been interpreted as requiring, at a minimum, that there be some direct association between the mark and the services so that purchasers would perceive the mark as identifying the services.

Peak Valley Pure Water, LLC applied to register PVPW as a service mark for the delivery of bottled water. The specimen of use in commerce that it submitted was a water bottle displaying the letters PVPW molded into the bottom of the bottle.

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