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Precedential No. 15: TTAB Affirms Rejection of Website Specimen for Goods, Ordering Information Lacking

Finding Applicant's specimen of use unacceptable, the TTAB affirmed a refusal to register the mark PROVIDING PROTEIN AND MENU SOLUTIONS for "processed meats, beef, pork, poultry and seafood sold in portions; fully cooked entrees consisting primarily of meat beef, pork, poultry or seafood." The Board observed that "[i]f there is no way for a consumer, when visiting a webpage, to order the goods being promoted, then the use of a proposed mark in connection with the goods on the webpage is nothing more than advertising. In re Quantum Foods, Inc., Serial No. 78960554 (April 15, 2010) [precedential].[Click on photo for larger picture]Applicant contended that the web page does show ordering information: "If you put the cursor over 'FOR FOODSERVICE,' a drop down menu appears which includes a 'contact us' link...continue to full post

Full post as published by The TTABlog on April 26, 2010 (boomark / email).