TTAB Affirms Refusal Of USER FIRST For Software Tools: Specimen Doesn't Show Use Of Mark

The Board affirmed a refusal to register the mark USER FIRST for "Computer software, namely, software development tools for the creation of mobile internet applications and client interfaces," agreeing with Examining Attorney Jacob Vigil that applicant's specimen of use failed to show the mark in use with the identified goods. In re User First, Serial No. 87231226 (December 9, 2019) [not precedential] (Opinion by Judge Jyll Taylor).

Applicant claimed that its specimen of use (shown above) was "the first page of a 103 page pdf instruction manual for the User First platform." The Board acknowledged that an instruction manual may be an appropriate specimen of use under Rule 2.56(b)(1).