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TTAB Okays Web Page Specimen for Sausage Links

The PTO Examining Attorney rejected Applicant Odom's specimen of use, consisting of a web page displaying the design mark shown below, for "fresh sausage rolls, links and patties; fresh souse; frozen sausage ball appetizers." According to the Examining Attorney, the design is not so prominently displayed in the website that customers will easily associate the mark with the products." The Board reversed, finding that Applicant's use of the mark was consistent with the Lands? End decision and with subsequent Board precedent. In re Odom's Tennessee Pride Sausage, Inc., Serial No. 76581899 (July 28, 2009) [not precedential].In the Examining Attorney's view, appearance of the mark in the bottom corner of the web page was not "sufficiently near the picture of the goods to associate the mark with the goods...continue to full post

Full post as published by The TTABlog on August 11, 2009 (boomark / email).