1306.01 Internet Material and Multimedia Materials
Material obtained through the Internet or from websites is acceptable as evidence in ex parte proceedings. [ Note 1.] To make Internet material properly of record, the offering party must provide the full address (URL) for the web page, and the date it was accessed or printed, either by the information displayed on the web page itself, or by providing this information in an Office action or a registrant’s response. [ Note 2.]
It is the obligation of the examining attorney and the registrant to ensure that Internet evidence made of record is complete. [ Note 3.]
The Board will consider multimedia evidence [ Note 4.], including video files submitted through TEAS during the proceeding. [ Note 5.]
Additional guidance in TBMP § 1208.03 regarding internet, social media, and multimedia materials may be applied to appeals in expungement and reexamination proceedings.
NOTES:
1. See, e.g., In re I-Coat Co., 126 USPQ2d 1730, 1733 (TTAB 2018).
2. See Safer Inc. v. OMS investments Inc., 94 USPQ2d 1031, 1039 (TTAB 2010) ("Safer"); In re I-Coat Co., 126 USPQ2d 1730, 1733 (TTAB 2018) (applying Safer to evidence submitted by examining attorneys and applicants in ex parte cases).
3. See In re Sausser Summers, PC, 2021 USPQ2d 618, at *24 n.59 (TTAB 2021) (portions of webpage evidence were "missing or cut off," and it was applicant’s responsibility to ensure the legibility of its evidence); In re tapio GmbH, 2020 USPQ2d 11387, at *3 (TTAB 2020) (exhibits purportedly uploaded with applicant’s request for reconsideration but not appearing in the TSDR record not considered by the Board).
4. See In re General Mills IP Holdings II, LLC, 124 USPQ2d 1016, 1025 n.56 (TTAB 2017) (Board considered audio-visual materials containing television commercials in evaluating whether applicant’s proposed single-color mark had acquired distinctiveness).
5. See In re Fantasia Distribution, Inc., 120 USPQ2d 1137, 1143 n.13 (TTAB 2016) (TEAS accepts multimedia evidence, including video files under 30 MB).