The ability of any individual, without access to sophisticated technology, to decipher the “authenticity” of any experience is diminishing daily. Moreover, this threat to the integrity of the law goes beyond digital impersonation and “deep fake” software driven by artificial intelligence. The famous Marx Brothers line, “Who ya gonna believe, me or your own eyes?” was once funny because it was ridiculous. Soon, it will be a description of our jobs and our lives.
Filing a trademark example of use in the USA? You think, piece of cake. At this point you have jumped through the application hoops, chosen and narrowed your classes of goods and services appropriately and are ready to get the coveted “circle R.” You jump on your website, see the mark clearly used on the first page, hit “print,” and send it to the USPTO.
Wait, how can use not be considered “use”? As it turns out, simply displaying a mark is often not enough. Below are some tips for decoding three common specimen rejections issued by the USPTO and finding a suitable example of use. Continue reading