Decisions · 86430215
In re Minerva Associates, Inc.
Serial No. 86430215 · Decided 2018-02-12 · Other
What happened
The Board sided with the applicant, finding that screenshots showing the AWLVIEW mark displayed above the login and search screens of its downloadable warehouse-management software were sufficient proof that customers would see the mark and recognize it as identifying the source of the software, even though the mark did not appear inside the on-screen title bar.
The marks
Applicant
AWLVIEW
Warehouse inventory management software, including software for wholesale and retail management and supply chain optimization, computer software for single and multiple channel retailers, and computer software for use by specialty and general merchandise retail chains and outlets, superstores, and department stores, all for sales and demand forecasting, store and warehouse inventory management, merchandise planning and allocation, stock control, product tracking, deliveries, receptions, replenishment, procurement, merchandising, distribution, customer follow-ups, sales analysis across distribution channels, and customer relationship management (CRM) and CRM data compilation and analysis, in International Class 9
Why this decision is significant
Precedential decision clarifying that software trademark specimens need not display the mark inside a title bar or on a login/launch screen itself; the mark need only appear where customers would perceive it as a source indicator during software use.
Research significance is Trademark Valet's editorial rating of how useful a decision is to practitioners. It is not a statement of precedential weight — that is the separate Precedential field, which comes from the Board.
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The original record
Read the opinion and every filing on the Board's own docket. The summary above is our paraphrase, not a quotation from the opinion. The opinion is the authority.
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