Specimen Showing Downloadable Software for a Trademark Application

The USPTO distinguishes between downloadable software and non-downloadable (e.g. web-based) software, placing them in different classes of goods/services. When claiming downloadable software in a trademark application, the USPTO looks for a specimen evidencing the software is downloadable. Typically that occurs via a specimen showing a “download” or similar link. In a recent case, the TTAB ……