1208.05 Applicant’s Own Materials
An applicant’s materials, such as its website or advertisements describing its goods or services, or specimens showing use of its mark, may be considered even if the applicant files its application based on an intent-to-use or changes the basis of its application to intent-to-use. [ Note 1.]
applicant’s submissions of expert reports [ Note 2.] and surveys [ Note 3.] are considered for their probative value.
NOTES:
1. In re Hunter Fan Co., 78 USPQ2d 1474, 1476 n.2 (TTAB 2006) (specimen submitted when application based on Trademark Act § 1(a) remains of record even though applicant later amended its application to Trademark Act § 1(b)); In re Promo Ink, 78 USPQ2d 1301, 1303 (TTAB 2006) (examining attorney may introduce evidence that applicant’s own literature supports descriptiveness of term despite the fact that application based on intent-to-use; fact that applicant has filed an intent-to-use application does not limit the examining attorney’s evidentiary options or shield an applicant from producing evidence that it may have in its possession).
2. See , e.g., In re Country Music Association, Inc., 100 USPQ2d 1824, 1830-31 (TTAB 2011).
3. See, e.g., In re Country Music Association, Inc., 100 USPQ2d 1824, 1831-32 (TTAB 2011).