Website Lacking Ordering Details Fails Use-in-Commerce Test
Written April 11, 2019
A website for goods that lacks any ordering information such as cost, payment options, minimum quantities, and shipping information is insufficient proof of the goods’ use in commerce when applying for trademark registration, the US Court of Appeals for the Federal Circuit held on April 10, 2019. In Re: Siny Corp., Fed. Cir., No. 2018-1077, 1/14/19.
Siny, a fabric company, argued that a phone number on its website qualified it as a point of sale that meets the law’s use-in-commerce test. However, the examining attorney concluded that this information was insufficient for consumers to make a purchase because it merely indicated how consumers could obtain more information necessary to make a purchase. The Trademark Trial and Appeal Board affirmed, as did the Federal Circuit, both finding that the website was mere advertising.
Siny, a fabric company, argued that a phone number on its website qualified it as a point of sale that meets the law’s use-in-commerce test. However, the examining attorney concluded that this information was insufficient for consumers to make a purchase because it merely indicated how consumers could obtain more information necessary to make a purchase. The Trademark Trial and Appeal Board affirmed, as did the Federal Circuit, both finding that the website was mere advertising.