TTAB Reverses Another Specimen Refusal: On Fourth Try, Webpage Specimen Suffices For CAPSIMOPS For Downloadable Software

The Board reveresd a refusal to register the mark CAPSIMOPS for "Downloadable computer software for application and database integration in the educational field," finding that Applicant Capsim's fourth specimen of use displayed the mark with a description of the goods at a point of purchase where the consumer is given sufficient information and the means to consummate a purchase. In re Capsim Management Simulations, Inc., Serial No. 88410843 (October 19, 2022) [not precedential] (Opinion by Judge David K. Heasley).

Webpages displaying goods and their trademark, and providing for on-line ordering, constitute electronic displays associated with the goods, and are acceptable specimens of trademark use. TMEP Section 904.03(i) sets forth three criteria that must be satisfied; the webpage must (1) contain a picture or textual description of the identified goods; (2) show the mark in association with the goods; and (3) provide a means for ordering the