Previously, we looked at how to prove use of a trademark for tangible goods. But, we noted that different rules exist when it comes to proving use of a mark for services. It’s time to talk about specimens of use specifically for service marks.
Not all of the rules are different, and much of what we said before will still apply. The mark must still identify the services in question, and those services must be available currently. An Internet domain name still does not, standing alone, constitute use of a mark. And any sort of “coming soon” advertising will not suffice.
However, unlike with goods, services are not tangible objects. Therefore, it is not possible to place the mark onto the services themselves. Nor do services come in a box, a bag, or some other container onto which a mark can be placed. On the one hand, this limits the opportunity to prove use. On the other hand, it significantly opens up the possibilities. At the core, a proper specimen of use shows the mark being used in connection with the applicable services. However, given the wide variety of possible services that one can offer, what constitutes a valid specimen will also vary.
As with tangible goods, a website that offers or promotes the applicant’s services should specify what the services are, and also provide a clear method for ordering the them. This could be accomplished by providing contact information, a “Buy Now” button (for certain services and methods of delivery), or potentially even a location. For software services, a sign-in screen or title screen may be acceptable, as well.
Off of the Internet, other displays may be set up at the point of order, or at the point of performance. Banners, signage, and other displays can create the necessary link between the mark and the services. If there is a fleet of service trucks, then try placing the name on the side of the trucks. For musical acts specifically, putting the band name on the front of the drum kit is a common method for displaying the mark.
Other options in the services context include things like company letterhead, business cards, and customer invoices. However, not just anything will do, here. Items like these must specify (or at least significantly allude to) what services are being offered. A business card for “John Smith, President of Acme Corp.” is not specific enough to prove use with commercial art design services, but “John Smith, President of Acme Art & Design Corp.” might be. This is only meant to give examples, and it is in no way a comprehensive list of what works and what doesn’t. As stated earlier, what constitutes a valid specimen will vary. The requirements are not always straightforward, and something that might be acceptable in one case might not be in another.