Uniqode Phygital Inc.

OCR transcription for search; preserved printed pages are authoritative

THIS OPINION IS NOTA
PRECEDENT OF THE TTAB

Mailed: March 31, 2026
UNITED STATES PATENT AND TRADEMARK OFFICE

Trademark Trial and Appeal Board

In re Uniqode Phygital Inc.

Serial No. 97253991

Andrew Metrailer of Conley Rose, P.C.,
for Uniqode Phygital Inc.

Amy Kertgate, Trademark Examining Attorney, Law Office 113,!
Myriah Habeeb, Managing Attorney.

Before Lykos, Lavache, and O’Connor,
Administrative Trademark Judges.

Opinion by Lavache, Administrative Trademark Judge:
Applicant Unigode Phygital Inc. seeks registration on the Principal Register of

the standard character mark UNIQODE for, in relevant part:

Advertising and marketing services provided by means of indirect
methods of marketing communications, namely, social media, internet
marketing featuring advertisements which open in new browser
windows, search engine marketing, inquiry marketing, internet
marketing, mobile marketing, blogging and other forms of passive,
sharable or viral communications channels; all the aforesaid
goods/services excluding goods/services used within the aviation,

1 The application was reassigned from the original examining attorney to the above-named
examining attorney during prosecution. In this opinion, we refer to both examining attorneys
involved with the application as the Examining Attorney.

Serial No. 97253991
2
transport, freight, cargo, logistics, container and storage sectors, in
International Class 35; and
Digitization of documents; all the aforesaid goods/services excluding
goods/services used within the aviation, transport, freight, cargo,
logistics, container and storage sectors, in International Class 42.2
The application was filed under Trademark Act Section 1(b), 15 U.S.C. § 1051(b),
based on Applicant’s allegation of its intent to use the mark in commerce for the
identified services. After the application was published for opposition, a notice of
allowance issued and Applicant filed a statement of use under Trademark Act Section
1(d), 15 U.S.C. § 1051(d). Upon review of the statement of use, the Examining
Attorney refused registration of Applicant’s mark under Trademark Act Sections 1
and 45, 15 U.S.C. §§ 1051 & 1127, on the ground that the specimens of record fail to
show Applicant’s mark in use in commerce for the services in International Classes
35 and 42. When the Examining Attorney made the refusal final, Applicant filed a
request for reconsideration, which the Examining Attorney denied. Applicant then
filed this appeal, which has been fully briefed.3
For the reasons explained below, we affirm the refusal.
2 Application Serial No. 97253991, filed February 4, 2022, based on an allegation of a bona
fide intention to use the mark in commerce under Section 1(b) of the Trademark Act, 15
U.S.C. § 1051(b). The application also identifies services in International Class 38, but those
services are not subject to this appeal.
3 The operative reply brief is at 9 TTABVUE. Applicant’s original reply brief at 7 TTABVUE
exceeded the page limit. See 8 TTABVUE 1.
The TTABVUE and Trademark Status and Document Retrieval (TSDR) citations in this
opinion refer respectively to entries in the Board’s electronic docket and to the electronic
application file. For TTABVUE citations, the number preceding the TTABVUE designation
is the docket entry number and any numbers following indicate the relevant page numbers
within the docket entry.

Serial No. 97253991
3
I. Examining Attorney’s Request for Judicial Notice
The Examining Attorney requests that we take judicial notice of an exhibit in her
brief, consisting of an excerpt from the online version of the MERRIAM-WEBSTER
DICTIONARY, showing the definition of “digitization.”4 Because the Board may, and
regularly does, take judicial notice of dictionary definitions, including online
dictionaries that exist in printed form or regular fixed editions, we grant the
Examining Attorney’s request and have considered the evidence. See Univ. of Notre
Dame du Lac v. J.C. Gourmet Food Imps. Co., No. 91061847, 1982 TTAB LEXIS 146,
at *7, aff’d, 703 F.2d 1372 (Fed. Cir. 1983); In re Red Bull GmbH, No. 75788830, 2006
TTAB LEXIS 136, at *7; TRADEMARK TRIAL AND APPEAL BOARD MANUAL OF
PROCEDURE (TBMP) § 1208.04 (2025).5
II. Refusal Based on Failure to Provide Acceptable Specimen of Use
A. Relevant Law
The Trademark Act “provides for registration of a mark based on use of the mark
in commerce.” In re Siny Corp., 920 F.3d 1331, 1335 (Fed. Cir. 2019); see also In re
The Ride, LLC, No. 86845550, 2020 TTAB LEXIS 2, at *9-10. Thus, Section 1(d)(1) of
4 See 6 TTABVUE 16 n.36.
5 The Examining Attorney’s brief also argues that Applicant makes various assertions
regarding its services for the first time in its appeal brief. See id. at 9-11. The Examining
Attorney contends that the record contains no evidence to support these assertions. Id. at 10.
Applicant, in its reply brief, counters that the assertions were made in its request for
reconsideration and the accompanying declaration of Applicant’s CEO, and that the record
otherwise supports the assertions. Applicant’s Reply Brief, 9 TTABVUE 4-6. We agree with
Applicant that the assertions in Applicant’s appeal brief are generally similar to those
previously raised. But the Examining Attorney is correct that assertions alone, without
supporting evidence, have little probative value. See, e.g., In re Sauer, No. 73822435, 1993
TTAB LEXIS 12, at *4 n.1. We have kept that principle in mind in reviewing Applicant’s
arguments and have addressed them accordingly in this opinion.

Serial No. 97253991
4
the Trademark Act, 15 U.S.C. § 1051(d)(1), which addresses the filing of a statement
of use, requires an applicant to submit “specimens or facsimiles of the mark as used
in commerce.” Likewise, Trademark Rule 2.56(a) specifies that a statement of use
“must include one specimen per class showing the mark as actually used in commerce
on or in connection with the goods or services identified.” 37 C.F.R. § 2.56(a); see also
37 C.F.R. § 2.88(b)(2) (specifying that a complete statement of use must include “[o]ne
specimen showing how the applicant . . . uses the mark in commerce”).
A mark is used in commerce “on services when it is used or displayed in the sale
or advertising of services and the services are rendered in commerce.” Trademark Act
Section 45, 15 U.S.C. § 1127. “Showing only the mark with no reference to, or
association with, the services does not show service mark usage.” In re Pitney Bowes,
Inc., No. 86502157, 2018 TTAB LEXIS 2, at *6. Rather, to be acceptable, a specimen
of use for services must show a “direct association between the mark and the
services.” 37 C.F.R. § 2.56(b)(2). As a practical matter, this means that the mark must
be shown “in a manner that would be perceived by potential purchasers as identifying
the applicant’s services and indicating their source.” In re DSM Pharms., Inc., No.
78373640, 2008 TTAB LEXIS 29, at *2; see also In re JobDiva, Inc., 843 F.3d 936, 941
(Fed. Cir. 2016) (“To determine whether a mark is used in connection with the
services described in the registration, a key consideration is the perception of the
user.”). A specimen does not need to explicitly refer to the services to establish the
requisite direct association between the mark and the services, but “there must be
something which creates in the mind of the purchaser an association between the

Serial No. 97253991
5
mark and the service activity.” In re Weiss, No. 88621608, 2024 TTAB LEXIS 277, at
*12-13 (quoting In re Cardio Grp., LLC, No. 86840860, 2019 TTAB LEXIS 153, at *3).
To determine whether the requisite service mark use has been shown in
connection with the identified services, we consider all of “the specimens submitted
by the applicant, together with any other evidence of record.” In re Adair, No.
74402282, 1997 TTAB LEXIS 49, at *7-8. We must also consider “any explanations
offered by Applicant clarifying the nature, content, or context of use of the specimen
that are consistent with what the specimen itself shows.” See Pitney Bowes, 2018
TTAB LEXIS 2, at *8.
B. Applicant’s Class 35 Specimens
Applicant’s Class 35 services are:
Advertising and marketing services provided by means of indirect
methods of marketing communications, namely, social media, internet
marketing featuring advertisements which open in new browser
windows, search engine marketing, inquiry marketing, internet
marketing, mobile marketing, blogging and other forms of passive,
sharable or viral communications channels; all the aforesaid
goods/services excluding goods/services used within the aviation,
transport, freight, cargo, logistics, container and storage sectors.
The services of “advertising” and “marketing,” respectively consist of “[t]he
activity of attracting public attention to a product or business, as by paid
announcements in the print, broadcast, or electronic media”6 and “the strategic
6 THE AMERICAN HERITAGE DICTIONARY, https://www.ahdictionary.com/word/search.html?
q=advertising (accessed on March 20, 2026). We take judicial notice of this definition and the
definition of “marketing.” Red Bull, 2006 TTAB LEXIS 136, at *7; TBMP § 1208.04.

Serial No. 97253991
6
functions involved in identifying and appealing to particular groups of consumers,
often including activities such as advertising, branding, pricing, and sales.”7
To show use of the applied-for mark in connection with its identified Class 35
“advertising and marketing” services, Applicant submitted with its statement of use
four specimens (“Original Specimens”) showing different webpages on Applicant’s
website, www.uniqode.com.8 Each webpage displays the mark UNIQODE somewhere
on the screen and addresses a particular topic: a “QR Code Management Platform”;9
“a one-stop QR Code kit for your restaurant and hotel”;10 a QR code generator for
consumer goods;11 and “Use Cases Of PDF QR Codes.”12 The most relevant
screenshots, or portions thereof, are reproduced below, with the red arrows indicating
the display of the mark.13
7 THE AMERICAN HERITAGE DICTIONARY, https://www.ahdictionary.com/word/search.html?
q=marketing (accessed on March 20, 2026). Applicant defines “advertising” and “marketing”
similarly in its main brief: “Advertising is generally understood to mean the activity of
producing advertisements for commercial products or services, and marketing refers to the
activity or business of promoting and selling products or services, including market research
and advertising.” 4 TTABVUE 10.
8 May 15, 2024 Statement of Use at TSDR 2-18.
9 Id. at 2. As the Examining Attorney noted during prosecution, the term “QR CODE” is
registered on the Supplemental Register for various goods and services in International
Classes 9 and 42, including “two dimensional data code readers,” “computer programs for two
dimensional code drawing,” and “providing on-line non-downloadable computer software and
computer programs for generating two dimensional code.” See January 21, 2023 Nonfinal
Office Action at TSDR 5-10 (citing and attaching Registration Nos. 2435991, 4770603, and
4919699). These registrations are owned by a third party.
10 May 15, 2024 Statement of Use at TSDR at 6 (emphasis omitted).
11 Id. at 12-15.
12 Id. at 16-18.
13 See id. at 2-6, 8-9, 12, 14, 16. While we have not reproduced all of the specimens in this
opinion, we have reviewed and considered all of them in their entireties. Some of the webpage

Serial No. 97253991
7
screenshots reproduced in this opinion do not include a display of the mark, but the mark
does appear elsewhere on the relevant webpages.

Serial No. 97253991

World-class, worldwide support, delivered.

3 mins. 92% 1 day

Sfeaconstac™ oeyvnon an “ems START FREE TRIAL vw Praca

Products Use Cases Learn Compare ‘Company

QR copes QR copes: QR copes Qn coves

DIGITAL BUSINESS CARD DIGITAL BUSINESS CARD .
DIGITAL BUSINESS CARD

DIGITAL BUSINESS CARD Contact Us

erly Beaconsta 2 QR Code kit f
your restaurant and hotel.

tyramic,curtom- branded

Marriott, Hyatt, Ritz-Carlton,

Hilton
basic Robust security Integrations/APts Customer Support

REVLON amazon

mx»

A one-stop restaurant menu QR Code solution helps you

Create QR Codes with
these ready-to-use
templates

Serial No. 97253991

What our customers are saying

a Noemi Trump

The QR Code Solution for brands like
— = Hilton]

tusov

$15

All Pro features, plus Al Plus features, plus

Here’s why global brands prefer Uniqode (formerly
Beaconstac).

Why brands like Nestle prefer Uniqode (formerly Beaconstac)

6e

Best-in-class security compliances

Branded QR codes to match your

branding
Smart packaging that is perfectly scalable
=
Generate dynamic QR Codes in —_=
butk with
° .
ey .
. .

Easy integrations for busy CPG teams

G2 agrees! We are the market leaders

Unigode (formerly Beaconstac) is the only QR code generator
your scaling CPG business will ever need

vmaqoot @) orvens

FLOWCODE

QR CODE CHIMP

QR CODE GENERATOR

Frequently Asked Questions

Best practices to follow while creating a PDF
QR Code

1. Add a CTA frame

2. Add a logo

Serial No. 97253991
10
The Examining Attorney argues that “[w]hile the screenshots display the applied-
for mark, they do not indicate that Applicant provides the advertising and marketing
services identified in the statement of use,” and “[i]nstead, the mark is being used in
connection with Platform-as[-]a-Service-type software services that enable users to
generate quick response (QR) codes.”14 In support, the Examining Attorney points to
the following statements in the specimens:15
• “Go from IRL to URL using QR Codes & Digital Business Cards”16
• “Connect your audience directly to your website, social media,
feedback form—with 18+ QR Code types and limitless
customizations.”17
• “Hear what our customers are saying . . . Creating QR Codes is quick.
. . . If a client has a one-off request we can create QR Codes ourselves
without employing a separate creative team. . . . You don’t need to be
an expert to use it. It leads you through the process & allows you to
create incredible QRs.”18
• “Uniqode (formerly Beaconstac) is a one-stop QR Code kit for your
restaurant and hotel. Create dynamic, custom-branded QR Codes for
Menus and more.”19
• “Create QR Codes with these ready-to-use templates”20
• “The QR Code Solution for brands like – Hilton”21
14 Examining Attorney’s Brief, 6 TTABVUE 6.
15 See id.
16 May 15, 2024 Statement of Use at TSDR 2.
17 Id.
18 Id. at 4.
19 Id. at 6 (emphasis omitted).
20 Id. at 8.
21 Id. at 9.

Serial No. 97253991
11
• “Generate dynamic QR Codes in bulk with 2 clicks”22
• “Uniqode (formerly Beaconstac) is the only QR code generator your
scaling CPG business will ever need”23
• “Best practices to follow while creating a PDF QR Code”24
We agree with the Examining Attorney that none of the Original Specimens show
use of the mark UNIQODE in connection with the Class 35 advertising and
marketing services Applicant has identified in the application. Rather, each of the
specimens demonstrates use of the mark in connection with services that allow
Applicant’s customers to generate their own QR codes for, inter alia, creating digital
menus, promoting goods and services, linking to e-commerce sites and coupons,
driving website and social media traffic, and providing customer service. While these
activities are certainly related to advertising and marketing, nothing in the
specimens indicates that Applicant itself is providing advertising and marketing
services to others. Instead, the services advertised in Applicant’s specimens allow
Applicant’s customers to facilitate their own advertising and marketing efforts.
Specifically, Applicant’s customers may use Applicant’s services for generating and
tracking QR codes to carry out for themselves the activities involved in identifying
and appealing to particular groups of consumers (i.e., marketing) and attracting
public attention to their products or businesses (i.e., advertising).
22 Id. at 12.
23 Id. at 14.
24 Id. at 16.

Serial No. 97253991
12
After the Examining Attorney rejected the Original Specimens, Applicant
submitted additional specimens (“Substitute Specimens”), consisting of two other
webpages from its website, both of which display the UNIQODE mark.25 One
webpage advertises a “QR CODE MARKETING GUIDE” to “[l]earn how to run
successful QR Code marketing campaigns to increase your brand
awareness, generate more leads, and enhance customer engagement,” and provides
“some reasons why you should consider using QR Codes for your marketing
campaigns.”26 It also highlights the “[b]est QR Code marketing campaign
examples,”27 explaining how some major third-party brands have used QR codes in
their advertising. The webpage then addresses “[h]ow to maximize your marketing
funnel using QR Codes,”28 discusses possible uses for QR codes, and provides a list
of “[b]est practices for using a QR Code for effective marketing campaigns.”29
The webpage concludes with the following question: “Why choose Uniqode for your
QR Code marketing campaigns?”30 The webpage’s answers to this question include
the following:
• “Uniqode’s QR platform is the #1 rated QR Code solution on G2.”31
25 April 14, 2025 Request for Reconsideration at TSDR 13-21.
26 Id. at 13 (emphasis added).
27 Id.
28 Id. at 15 (emphasis added).
29 Id. at 19.
30 Id. at 20.
31 Id.

Serial No. 97253991
13
• “Uniqode provides an intuitive and smooth QR Code platform to help
marketers get their marketing campaigns up and running in
under 15 minutes.”32
• “Uniqode’s QR Code generator offers various advanced features to
set up your marketing campaign for success.”33
The other webpage includes the heading “QR Code Menu: Make Restaurant Menu
QR Codes for Safe Dining in 2022,” discusses how “[y]ou can use QR Code menus in
restaurants as a contactless alternative to physical menus,”34 explains how to create
QR code menus,35 and provides tips on “[h]ow to make the most of your QR Code
menus.”36 Similar to the Original Specimens, the webpage indicates that Applicant’s
services may be used by Applicant’s customers to generate QR codes to use in the
advertising and marketing of their own services, which, in this instance, are
restaurant services.
Again, we agree with the Examining Attorney that, rather than showing use of
UNIQODE in connection with the identified Class 35 advertising and marketing
services, both of the Substitute Specimens merely confirm that the actual services
offered by Applicant involve a platform for generating QR codes, which are used by
Applicant’s customers in their own advertising and marketing efforts. Nothing on the
webpage indicates that Applicant itself is providing the identified Class 35
advertising and marketing services.
32 Id. (emphasis added).
33 Id. (emphasis added).
34 Id. at 23.
35 Id. at 24-27.
36 Id. at 31.

Serial No. 97253991
14
For its part, Applicant asserts that it is offering more than just a platform for QR
code generation, and provides the following explanation of its services:
As an overview of [Applicant’s] technology, the platform allows a
customer (i.e., a customer of [Applicant]) to login and provide links or
information associated with QR codes. When a customer does not or
cannot provide the information, [Applicant] can create the context for
the customer. When an end user (e.g., a potential purchaser of
customer’s goods or services) scans the QR code, the end user is
redirected to [Applicant’s] platform from the QR code scan where
marketing metrics are obtained. [Applicant’s] platform then provides
either information or a redirect link to additional advertising and
marketing materials, which can be created by [Applicant]. The customer
can login to the platform to obtain metrics on the scans. Throughout this
process, it is [Applicant’s] platform that is providing the information or
links, including online retargeting and support, to the end users.
Further, [Applicant] creates the materials that are used for the
marketing. [Applicant] is providing the advertising and marketing
services, not the customer.37
Based on this explanation, Applicant argues that its services are, in fact,
advertising and marketing services, because they “directly produce the end products
that are shown to end users (i.e., [Applicant’s] customer’s end users)” and include a
feature that “tracks, manages, and supplies metrics that qualify as marketing
research, which is then provided to [Applicant’s] customers.”38
Applicant thus contends that portions of the Substitute Specimens do, in fact,
show use in connection with the identified services. Specifically, Applicant points to
a section of one of the webpages, which, among other things, describes “Uniqode’s QR
Code generator” as “provid[ing] a powerful analytics dashboard with robust analytics
and weekly QR Code reports to help marketers gain deeper insights into their
37 Applicant’s Brief, 4 TTABVUE 9-10.
38 Id.

Serial No. 97253991
15
audience,”39 and argues that “this section demonstrates internet marketing and
inquiry marketing, because the system generates campaign metrics, user
demographics, and performance data tied to actual ads and campaigns.”40
The same webpage also includes references to “Online retargeting on Google and
Facebook,” “Campaign performance – Top 5 best- and underperforming QR Code
campaigns,” “Reports . . . Overview of scans by location, aggregate scan details,
individual scan details,” “Campaign distribution,” and the ability to “integrate Google
Analytics with Uniqode to develop a further understanding of your target audience.”41
Applicant argues that all of this wording is consistent with the identification of Class
35 services because it “aligns with passive, shareable, or viral communications
channels (e.g., campaigns that spread via embedded QR codes across multiple
platforms).”42
According to Applicant, the other Substitute Specimen, consisting of a webpage
explaining how to create and use menu QR codes, demonstrates use of the UNIQODE
mark in connection with “advertising and marketing services provided by means of
indirect marketing communications,” because it shows that Applicant “is creating the
QR codes, and the menus and information presented to the end users” and,
39 April 14, 2025 Request for Reconsideration at TSDR 42.
40 Applicant’s Brief, 4 TTABVUE 13.
41 April 14, 2025 Request for Reconsideration at TSDR 42.
42 Applicant’s Brief, 4 TTABVUE 13.

Serial No. 97253991
16
specifically, that Applicant’s “system generates the codes and materials (i.e., the
advertising and marketing materials) that are accessed by the end users.”43
While we must consider Applicant’s explanations “clarifying the nature, content,
or context of use of the specimen[s],” those explanations must be consistent with what
the specimens themselves show. Pitney Bowes, 2018 TTAB LEXIS 2, at *8; see also
Cardio Grp., 2019 TTAB LEXIS 153, at *8 (“Applicant’s explanation fails to clarify
that the specimens show Applicant rendering a retail store service of any type or
persuade us that there is an association between THE CARDIO GROUP and design
and retail store services.”). Here, despite Applicant’s explanation about its services
and the specimens of record, particularly those Applicant has specifically highlighted,
we remain unpersuaded that any of the specimens demonstrate use of the UNIQODE
mark “in a manner that would be perceived by potential purchasers as identifying
the applicant’s [identified] services and indicating their source via a ‘direct
association.’” DSM Pharms., 2008 TTAB LEXIS 29, at *2.
We are also unpersuaded by Applicant’s assertion that the Substitute Specimen
regarding the creation of menu QR codes44 demonstrates advertising services because
Applicant’s “system generates the codes and materials”45 or “directly produce[s] the
end products that are shown to end users.”46 A plain reading of the specimen’s text
indicates that users of Applicant’s services upload their own menus in PDF form, then
43 Id. at 13-14.
44 April 14, 2025 Request for Reconsideration at TSDR 44-55.
45 Applicant’s Brief, 4 TTABVUE 14.
46 Id. at 10.

Serial No. 97253991
17
customize the QR codes as needed, and then deploy them in their restaurant. In other
words, the specimen does not show that Applicant is creating any advertising
materials for users. Instead it shows that Applicant’s services merely enable the user
to create a QR code through which the user’s advertising materials (i.e. a menu) can
be accessed online. Simply put, the service described in the specimen is QR code
generation, not advertising or marketing. And Applicant’s argument that “[a]ll of
these marketing and advertisements services have to flow through the Applicant’s
system”47 is unavailing, because such services are not reflected in the specimens and
the fact that the advertising materials of Applicant’s users “flow” through Applicant’s
platform does not transform its QR code generating services into actual advertising
or marketing services.48
Further, we are unmoved by Applicant’s argument that the specimens show use
of the UNIQODE mark in connection with marketing services because the specimens
reference Applicant’s “system generat[ing] campaign metrics, user demographics,
and performance data tied to actual ads and campaigns” as well as “a powerful
analytics dashboard with robust analytics and weekly QR Code reports.” Applicant
47 Id.
48 In describing its services, Applicant also asserts that “[w]hen a customer does not or cannot
provide the information [associated with QR codes], [Applicant] can create the context for the
customer”; that Applicant’s “platform . . . provides either information or a redirect link to
additional advertising and marketing materials, which can be created by [Applicant]”; and
that Applicant “creates the materials that are used for the marketing.” Id. at 9-10. We find,
however, that these assertions, and related assertions made in a declaration by Applicant’s
CEO (see April 14, 2025 Request for Reconsideration at TSDR 10-11) are unsupported by any
of the specimens of record. See Cai v. Diamond Hong, Inc., 901 F.3d 1367, 1371 (Fed. Cir.
2018) (“Attorney argument is no substitute for evidence.” (citation omitted)); Sauer, 1993
TTAB LEXIS 12, at *4 n.1 (giving no weight to applicant’s assertion regarding an informal
survey about the perception of a mark because it lacked evidentiary support).

Serial No. 97253991
18
itself describes these activities as “advanced features” of “Uniqode’s QR Code
generator” “to set up your marketing campaign for success.” And, when we consider
the description of these activities in the context of the specimens, we find that they
consist merely of providing data and other information relating to the use of the QR
codes that users have generated through Applicant’s platform. The specimens make
clear in a number of instances that Applicant’s users can use this information in
planning and implementing their own marketing campaigns. That is, while the
analytics, reports, and data generated by Applicant’s system can be used by
marketers, it is the users of Applicant’s platform that are engaging in marketing
activities, not Applicant.
In any event, as the Examining Attorney points out,49 the identification of
services expressly limits Applicant’s “advertising and marketing services” to those
“provided by indirect methods of marketing communications.” Thus, even if the
specimens of record were deemed to demonstrate use of the mark in connection with
“marketing research” in the nature of analytics, metrics, demographics, performance
data, or related reports,50 such services are not encompassed by the identification.
In sum, Applicant has failed to provide a specimen that the relevant purchasers
would perceive as showing a direct association between the mark UNIQODE and the
identified services in Class 35.
49 Examining Attorney’s Brief, 6 TTABVUE 11-12.
50 See Applicant’s Brief, 4 TTABVUE 9-10.

Serial No. 97253991
19
C. Applicant’s Class 42 Specimens
Applicant’s Class 42 services are identified as:
Digitization of documents; all the aforesaid goods/services excluding
goods/services used within the aviation, transport, freight, cargo,
logistics, container and storage sectors.
As reflected in the MERRIAM-WEBSTER DICTIONARY definition of which we take
judicial notice, “digitization” is “the process of converting something to digital form.”51
The OXFORD ADVANCED LEARNER’S DICTIONARY similarly defines “digitization” as “the
process of changing data into a digital form that can be easily read and processed by
a computer” and provides the following usage example: “the digitization of natural
history materials.”52 Thus, “digitization of documents” refers to the activity of
converting documents to digital form.
Applicant’s Original Specimen in connection with its “digitization of documents”
services consists of another webpage from its website with the title “How to Create a
QR Code for a Document: A Simple Guide.”53 The webpage explains what a QR code
for a document is, lists the steps for creating one, and provides suggestions for using
them.54
51 See Examining Attorney’s Brief, 6 TTABVUE 17 (showing screenshot of the entry for
“digitization” in MERRIAM-WEBSTER DICTIONARY).
52 See OXFORD LEARNER’S DICTIONARIES, https://www.oxfordlearnersdictionaries.com/us/
definition/english/digitization?q=digitization (accessed on March 31, 2026). See Red Bull,
2006 TTAB LEXIS 136, at *7; TBMP § 1208.04.
53 May 15, 2024 Statement of Use at TSDR 36-42. We reproduced only some of the relevant
portions of the webpage here.
54 Id.

Serial No. 97253991

@P uniaove E QRCODES + DIGITAL BUSINESS CARDS~ SDLUTION~ LEARN PRICING DEMO

How to Create a QR Code for a Document: A
Simple Guide

Table of contents

What is a QR Code for a document?

nat race

oe for

1. Get a shareable link to the document

2. Go to the Uniqode dashboard, click ‘+Create' and select ‘QR Code’.
3. Select the website QR Code option ~

4, Set up the QR Code

5. Customize the QR Code ~

6. Generate and download your QR Code

20

Serial No. 97253991
21
The webpage includes the following statements:
• “Discover how to generate QR Codes for your documents. Convert a
.pdf, .doc, or any other file type into QR Code and share with
anyone—all they need to do is scan the QR Code and access the
document.”55
• “Creating a QR Code for documents is one of the best ways to share
textual materials with a wide audience. Be it a PDF, Excel, Word, or
55 Id. at 36.

Serial No. 97253991
22
web-based file like Google Forms or Google Docs—you can share any
document using QR Codes.”56
• “A QR Code for a document is a type of QR Code that redirects the
end-user to different formats such as Word, PDF, PowerPoint, etc.
You can redirect online and offline document files.”57
• “How can I turn a document into a QR Code? To turn a document
into a QR Code, you can use a QR Code generator like Uniqode.
Simply select the type of document you want to link to, such as a
Word, slides, sheets, or PDF document, and generate a QR Code that
corresponds to it. You can save and use the QR Code image in your
desired use case.”58
Based on these statements, the Examining Attorney argues that, “[w]hile the
mark appears on the screenshots, it is not being used in connection with the
digitization services,” and instead “is being used with a QR code generating software
platform that enables a user to convert a .pdf, .doc or other file type into a QR code.”59
Therefore, the Examining Attorney contends that the specimen does not demonstrate
use of the mark in connection with Applicant’s Class 42 document digitization
services because the webpage itself indicates that the documents and file types that
are converted to a QR code are in digital form and thus already digitized.60
For the same reason, the Examining Attorney rejects Applicant’s Substitute
Specimens, which consist of the same QR Code Marketing Guide” and “QR Code
56 Id. (emphasis deleted).
57 Id.
58 Id. at 41.
59 Examining Attorney’s Brief, 6 TTABVUE 13.
60 See id.

Serial No. 97253991
23
Menu” webpages submitted as Substitute Specimens for the services in Class 35,61
portions of which are reproduced below.
61 See April 14, 2025 Request for Reconsideration at TSDR 56-76.

Serial No. 97253991
24
As to these, the Examining Attorney reiterates that, “at best, the substitute
specimen and evidence of record show that Applicant’s software platform can convert
restaurant menus and other documents into QR codes,” but “according to the explicit

Serial No. 97253991
25
instructions on the specimen, the menus and documents must be in PDF, Excel, Word
or other file type - which are already in digital form.”62
Applicant argues that its service “allows customers to digitize traditionally
physical documents such as menus at restaurants”63 and notes that its website states
that “‘QR Code menus are digital versions of physical menu cards at restaurants.’”64
However, the Examining Attorney counters that no digital conversion is occurring
because the text of the webpage also indicates that, to create a QR code menu, the
user must “[u]pload [a] digital (PDF) menu” and, if no PDF is available, the user must
take a photo of the physical menu and then upload the image to Applicant’s
platform.65
We agree with the Examining Attorney that none of the specimens of record
demonstrate use of the UNIQODE mark in connection with “digitization of
documents.” Again, “digitization” is “the process of converting something to digital
form.”66 Thus, “digitization of documents” indicates that documents are being
converted, i.e., changed, from some non-digital analog or physical form to a digital
form. But, based on the description of Applicant’s services in the relevant specimens,
no such conversion is taking place. Instead, the specimens make clear that users of
62 Examining Attorney’s Brief, 6 TTABVUE 14.
63 Applicant’s Brief, 4 TTABVUE 15.
64 Id. (quoting substitute specimen submitted with April 14, 2025 Request for
Reconsideration at TSDR 66).
65 See id. at 14.
66 See Examining Attorney’s Brief, 6 TTABVUE 17 (showing screenshot of the entry for
“digitization” in MERRIAM-WEBSTER DICTIONARY).

Serial No. 97253991
26
Applicant’s services are uploading their own digital documents to Applicant’s
platform, which then creates a QR code that, when scanned, will lead to an online
version of the document.
We therefore find that Applicant has failed to provide a specimen that the
relevant purchasers would perceive as showing a direct association between the mark
UNIQODE and the identified services in Class 42.
III. Conclusion
Having reviewed the record and considered all evidence and arguments,67 we find
that Applicant has failed to comply with the requirement to provide an acceptable
specimen of use for the services in International Classes 35 and 42, and therefore
registration must be refused as to those classes under Trademark Act Sections 1 and
45, 15 U.S.C. §§ 1051 & 1127.
67 The Examining Attorney argued in her brief that “even if Applicant’s specimens could
somehow be considered to show the provision of the identified advertising and marketing
services by virtue of the redirection of end users to Applicant’s customer’s landing pages, the
specimens would nevertheless be unacceptable because the record does not indicate that the
end user ever encounters the applied-for mark.” Examining Attorney’s Brief, 6 TTABVUE
12. Applicant, in its reply brief, argues that this statement reflects an error that “directly
underlies the rejections of the specimens,” because it essentially misidentifies the relevant
purchasers of Applicant’s services. Applicant’s Reply Brief, 9 TTABVUE 2-3. We agree with
Applicant that, generally, the relevant purchasers of advertising and marketing services are
businesses that are seeking assistance in advertising or marketing their own services, rather
than the target consumers for the advertised/marketed services. See In re Home Builders
Ass’n of Greenville, No. 73737008, 1990 TTAB LEXIS 63, at * 7 (distinguishing consumers of
real estate advertising from the target audience of such advertising). However, the
Examining Attorney’s argument, both on its face and in context, does not contradict that
general proposition or otherwise undermine her determination that the specimens are
unacceptable. Rather, it simply explains the Examining Attorney’s conclusion that there are
no circumstances under which the specimens could be construed to show use for the identified
services.

Serial No. 97253991
27
Decision: We affirm the Examining Attorney’s refusal under Trademark Act
Sections 1 and 45 to register Applicant’s mark for the services in International
Classes 35 and 42, based on Applicant’s failure to provide an acceptable specimen of
use of Applicant’s mark with those services. The application will therefore proceed to
registration for the services in International Class 38 only.