Submission of Internet Evidence

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08.26.15

By Theresa Wang

When directed by the TTAB’s schedule in an opposition or cancellation, applicants/registrants may admit documents from the public domain, including internet materials, via a notice of reliance, as long as the guidelines in Safer, Inc. v. OMS Investments, Inc., 94 USPQ2d 1031, 1039 (TTAB 2010) are followed. In Safer, the TTAB concluded that submission of internet materials would be accepted as long as the document is publicly available, and includes the (1) date of publication or date the offering party accessed and printed the web page, and (2) the source of the web page (e.g. the web address). In allowing such internet materials to be submitted via a notice of reliance, the TTAB noted its intentional expansion of types of documentary evidence that could be submitted in this way, including printed publications, websites, advertising, business publications, annual reports and studies or reports that may be obtained on the Internet.

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