98849390•International FIRST Committee Association
Testo completo
Mailed: September 28, 2026 UNITED STATES PATENT AND TRADEMARK OFFICE Trademark Trial and Appeal Board ———— In re International FIRST Committee Association ———— Serial No. 98849390 ———— Mark E. Tetreault for International FIRST Committee Association. Joseph Greene, Trademark Examining Attorney, Law Office 125, Robin Mittler, Managing Attorney. ———— Before English, Thurmon, and Lavache, Administrative Trademark Judges. Opinion by Lavache, Administrative Trademark Judge: Applicant International FIRST Committee Association seeks registration on the Principal Register of the standard-character mark DECLARATION OF INTERDEPENDENCE for “Promoting educational programs and competitions for others in the fields of science, technology, engineering, and mathematics,” in International Class 35, and “Education services, namely, conducting educational THIS OPINION IS NOT A PRECEDENT OF THE TTAB
Serial No. 98849390 2 programs and competitions in the fields of science, technology, engineering, and mathematics,” in International Class 41.1 Applicant appeals the Trademark Examining Attorney’s refusal of registration on the grounds that (1) under Trademark Act Sections 1, 2, 3, and 45, 15 U.S.C. §§ 1051- 1053, 1127, the applied-for mark fails to function as a service mark because it merely provides information about the identified services; (2) under Trademark Act Sections 1, 2, 3, and 45, 15 U.S.C. §§ 1051-1053, 1127, the applied-for mark fails to function as a service mark because, as used on the specimens of record, it does not show the mark functioning as a source identifier for Applicant’s services; and (3) under Trademark Act Sections 1 and 45, 15 U.S.C. §§ 1051, 1127, the specimens of record fail to show a direct association between the applied-for mark and the identified services.2 1 Application Serial No. 98849390, filed on November 12, 2024, based on Applicant’s allegation of use in commerce under Trademark Act Section 1(a), 15 U.S.C. § 1051(a), claiming October 1, 2022, as both the date of first use anywhere and the date of first use in commerce for both classes of services. Applicant claims acquired distinctiveness in the applied-for mark as a whole under Section 2(f) of the Trademark Act, 15 U.S.C. § 1052(f). See n.31 below. 2 For brevity, we have simplified our summary of the procedural history, which includes a request for remand by the Examining Attorney, a subsequent final Office action, and the filing of a supplemental appeal brief by Applicant. For a more detailed review of the events following the filing of the appeal, see 4 TTABVUE through 12 TTABVUE. The TTABVUE and Trademark Status and Document Retrieval (TSDR) citations in this opinion refer respectively to entries in the Board’s electronic docket and the downloadable PDF version of 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. 98849390 3 Both Applicant and the Examining Attorney have filed briefs.3 As explained below, we affirm the refusal of registration under Sections 1, 2, 3, and 45 on the ground that the applied-for mark fails to function as a service mark because, as used on the specimens of record, it does not show the mark functioning as a source identifier for the identified services. We do not reach the other grounds for refusal. I. Evidentiary Objection Before turning to our analysis, we address the Examining Attorney’s objection to evidence submitted during prosecution that was never properly introduced into the record.4 Specifically, the Examining Attorney previously objected to a screenshot of an internet search engine “AI Overview,” which was included in Applicant’s response to a nonfinal Office action, because it lacked the date of access and a complete URL.5 As the Examining Attorney explained to Applicant in a subsequent final Office action,6 to properly introduce internet evidence into the record, a party must provide (1) an image file or printout of the downloaded webpage, (2) the date the evidence was downloaded or accessed, and (3) the complete URL address of the webpage. See In re I-Coat Co., No. 86802467, 2018 TTAB LEXIS 171, at *7-9; see also TRADEMARK TRIAL AND APPEAL BOARD MANUAL OF PROCEDURE (TBMP) § 1208.03 (2026); TRADEMARK MANUAL OF EXAMINING PROCEDURE (TMEP) § 710.01(b) (May 2026). 3 Applicant’s Supplemental Appeal Brief, 10 TTABVUE; Examining Attorney’s Brief, 12 TTABVUE. 4 See Examining Attorney’s Brief, 12 TTABVUE 4. 5 See January 14, 2026 Subsequent Final Office Action at TSDR 3. 6 Id.
Serial No. 98849390 4 The Board will not consider internet evidence that does not comply with these requirements, except where the examining attorney does not object. See I-Coat, 2018 TTAB LEXIS 171, at *9. Here, the Examining Attorney timely and properly objected to the internet evidence and advised Applicant how to correct the deficiency.7 Applicant, however, failed to do so.8 We therefore sustain the Examining Attorney’s objection and have not considered this evidence.9 II. Failure to Function as a Service Mark A. Applicable Law The Examining Attorney’s second ground for refusal is that the applied-for mark fails to function as a service mark under Trademark Act Sections 1, 2, 3, and 45, 15 U.S.C. §§ 1051-1053, 1127, because, as used on the specimen of record, it does not show the mark functioning as a source identifier for Applicant’s services. A service mark is “any word, name, symbol, or device, or any combination thereof . . . used by a person . . . to identify and distinguish the services of one person, including a unique service, from the services of others and to indicate the source of the services.” Trademark Act Section 45, 15 U.S.C. § 1127. Not every word, combination of words, or other designation used in the advertising or rendering of 7 See id. 8 Although the Examining Attorney’s objection to the evidence was raised in a subsequent final Office action and the application was then immediately returned to the Board for resumption of the appeal, Applicant could have requested remand to correct the deficiency. See TBMP § 1209.04. 9 In any event, Applicant’s Supplemental Appeal Brief does not rely on or otherwise reference this evidence, which appears to have been submitted in support of Applicant’s claim of acquired distinctiveness.
Serial No. 98849390 5 services performs a source-indicating function, even if adopted with that purpose in mind. See In re The Ride, LLC, No. 86845550, 2020 TTAB LEXIS 2, at *18-19; D.C. One Wholesaler, Inc. v. Chien, No. 91199035, 2016 TTAB LEXIS 536, at *8 (citing In re Eagle Crest, Inc., No. 77114518, 2010 TTAB LEXIS 346, at *6); Am. Velcro, Inc. v. Charles Mayer Studios, Inc., 1973 TTAB LEXIS 11, at *19 (no number in original). Thus, a designation is not a service mark merely because it appears or is otherwise used on a specimen. See In re Aerospace Optics, Inc., No. 76171288, 2006 TTAB LEXIS 126, at *3-4 (“The mere fact that a designation appears on the specimen of record does not make it a trademark.”). Rather, to function as a service mark, a designation must be used in a manner that would be perceived by purchasers as identifying and distinguishing the source of the services recited in the application. See The Ride, 2020 TTAB LEXIS 2, at *10; In re Keep A Breast Found., No. 85316199, 2017 TTAB LEXIS 259, at *7 (“[A] service mark must be ‘used in such a manner that it would be readily perceived as identifying’ the services . . . .” (quoting In re Moody’s Inv’rs Serv. Inc., No. 73565540, 1989 TTAB LEXIS 53, at *10-11)). Accordingly, “the central question in determining whether Applicant’s proposed mark functions as a service mark is the commercial impression it makes on the relevant public (e.g., whether the term sought to be registered would be perceived as a mark identifying the source of the services).” Keep A Breast, 2017 TTAB LEXIS 259, at *14. “To make this determination we look to the specimens and other evidence of record showing how the designation is actually used in the marketplace.” Eagle Crest, 2010 TTAB LEXIS 346, at *6.
Serial No. 98849390 6 B. Analysis Applicant’s original specimen of use, which was submitted in support of both identified classes of services, shows the applied-for mark appearing on what the Examining Attorney characterizes as a plaque.10 As the Examining Attorney notes, the “plaque features the name of the Applicant’s organization [FIRST Global] at the top in the largest print, the applied-for mark immediately below also in large print, followed by a listing of Applicant’s organization’s guiding principles and values, and at the bottom is . . . where 10 November 12, 2024 Application at TSDR 7 (red arrow added).
Serial No. 98849390 7 participants sign the plaque to signify they agree to follow these principles and values.”11 The Examining Attorney argues that “[t]he placement of the applied-for mark below the Applicant’s name and immediately before the listing of principles and values indicates the applied-for mark is meant to be associated with the values statement that has been created by Applicant,” rather than the identified services, which are not referenced at all.12 Thus, the Examining Attorney concludes, “consumers will perceive the applied-for mark on the original specimen as merely identifying or referring to the statement of values, and not as the source of any services.”13 We agree with the Examining Attorney’s analysis and conclusion. When viewed in its entirety, the specimen is simply a statement of the values of Applicant’s organization FIRST Global. And the wording DECLARATION OF INTERDEPENDENCE merely identifies the type and nature of the statement. Indeed, the preamble that appears below the wording DECLARATION OF INTERDEPENDENCE, and above the list of values, explicitly states that “the time has come for the world to recognize our interdependence on one another” and that “the people of FIRST Global now declare the following guiding principles.”14 The fact that the applied-for mark appears on a wall-mounted plaque, where such statements typically appear, reinforces this conclusion. 11 Examining Attorney’s Brief, 12 TTABVUE 11. 12 Id. at 11-12. 13 Id. at 12. 14 November 12, 2024 Application at TSDR 7 (italics removed).
Serial No. 98849390 8 In addition, the Examining Attorney has submitted various excerpts from third- party websites showing that it is common for organizations in various industries to have and promote a “declaration of interdependence,” listing the ideals and values of the organization, which are unconnected to any particular services. For example: • The website for Whole Foods Market includes a “Declaration of Interdependence” “recogniz[ing] the interdependence among our stakeholders” and “reflect[ing] the hopes and intentions of many people.”15 • The David Suzuki Foundation invites people to sign a “Declaration of Interdependence” that “expresses our values as an organization,” recognizes that “we are interconnected,” and resolves to “work for an evolution . . . from insecurity[] to interdependence.”16 • The website for Humanists International includes a document entitled “Declaration of Interdependence: a new Global Ethics,” which, among other things, states that there is a “need to recognize that each of us has responsibilities to the world community” and lists specific ideals and principles regarding those responsibilities.17 • A website explaining Certified B Corporations includes a “B Corp Declaration of Interdependence” that lists several principles about how a business should be conducted, including the principle that “we should act with the understanding that we are each dependent upon another and thus responsible for each other and future generations.”18 • The organization We, The World asks people to sign its “Declaration of Interdependence,” which is a “guiding set of principles” for “the people of planet Earth,” which recognizes “the interconnectedness of all life” and acknowledges “our interdependence.”19 15 October 9, 2025 Nonfinal Office Action at TSDR 9-12. 16 Id. at 14-16. 17 Id. at 20-25. 18 January 14, 2026 Subsequent Final Office Action at TSDR 11-14. 19 Id. at 16.
Serial No. 98849390 9 • The website for One Shared World promotes a “Declaration of Interdependence” that declares “our interdependence and mutual duties and responsibilities as individuals and members of distinct communities, organizations, entities, and nations all in this together.”20 When the applied-for mark, as shown in the original specimen, is considered against the backdrop of the evidence indicating the likely perception of the term “declaration of interdependence,” we find that the only function the applied-for mark serves is to identify the type and nature of the statements displayed. Thus, it does not function as a service mark to identify the source of Applicant’s identified services in Classes 35 and 41 and distinguish them from the services of others. Applicant’s substitute specimen of use, reproduced below, was also submitted in support of both classes of services and consists of a screenshot of a webpage from Applicant’s website.21 The Examining Attorney points out that “[t]he webpage is presented in a similar layout as the plaque [in the original specimen], showing the applied-for mark used at the top of the webpage and again in the middle of the webpage where it shows a digital version of the same values and principles statement that appears on the plaque.”22 20 Id. at 21-23. 21 Applicant submitted this same substitute specimen in three different filings during prosecution. See May 14, 2025 Response to Nonfinal Office Action at TSDR 7; June 5, 2025 Request for Reconsideration at TSDR 7; November 21, 2025 Response to Nonfinal Office Action at TSDR 14. The version of the specimen displayed above most clearly shows all the relevant content on a single page. See November 21, 2025 Response to Nonfinal Office Action at TSDR 14 (red arrows added). 22 Examining Attorney’s Brief, 12 TTABVUE 12.
Serial No. 98849390 10
Serial No. 98849390 11 According to the Examining Attorney, “[w]hile the webpage shows additional information immediately before the values statement, this information is merely a broader discussion of the value[s] of Applicant’s organization ‘FIRST Global’ and regularly references the values statement associated with the mark and not any services Applicant provides.”23 In support, the Examining Attorney notes that the webpage states that “[b]elow are FIRST Global’s Declaration of Interdependence and its accompanying Bill of Responsibilities”; that, “[t]ogether, these documents represent the foundation[al] credo of FIRST Global”; and that Applicant’s organization “[a]sk[s] that all FIRST Global students, mentors, volunteers, and supporters read these documents and recommit themselves to the values they uphold.”24 Thus, the Examining Attorney asserts that, like the original specimen, this substitute specimen “shows the applied-for mark used only to reference the statement of values and not any actual services, and routinely references Applicant’s organization ‘FIRST Global’ as the source of the services for which the values statement applies.”25 The Examining Attorney therefore concludes that “consumers will perceive the applied-for mark as merely referring to Applicant's statement of its core values and principles on that webpage and not the source of the services provided in association with that statement.”26 23 Id. 24 Id. 25 Id. 26 Id.
Serial No. 98849390 12 Applicant, for its part, argues that “[t]he mark appears prominently at the top of a webpage dedicated to the DECLARATION OF INTERDEPENDENCE initiative” and that “[p]lacement of a designation in a title or heading position is a well- recognized form of trademark usage.”27 According to Applicant, “[c]onsumers encountering the phrase DECLARATION OF INTERDEPENDENCE within Applicant’s website and program materials would understand it to refer to a specific initiative connected to Applicant’s STEM education programs.”28 We are not persuaded by Applicant’s arguments. Again, the mere fact that the applied-for mark appears on the specimen does not make it a service mark. See Aerospace Optics, 2006 TTAB LEXIS 126, at *3-4. While the wording DECLARATION OF INTERDEPENDENCE appears in various places on Applicant’s webpage, in none of these appearances does the wording serve as a service mark for any of Applicant’s identified services. As discussed above, the evidence of record indicates that consumers have been exposed to various organizations using the wording “declaration of interdependence” to refer to an organization’s values and ideals. And, here, Applicant’s webpage itself uses DECLARATION OF INTERDEPENDENCE the same way. Specifically, the introductory text at the top of the webpage refers to Applicant’s organization’s “Declaration of Interdependence” as one of two guiding, foundational documents for the organization and its “students, mentors, volunteers, and supporters,” which reflects “the values they uphold.” And 27 Applicant’s Supplemental Appeal Brief, 10 TTABVUE 5. 28 Id.
Serial No. 98849390 13 every other instance of DECLARATION OF INTERDEPENDENCE on the webpage reinforces or is otherwise consistent with that usage. Thus, the heading at the very top of the webpage uses DECLARATION OF INTERDEPENDENCE to indicate the subject matter of the webpage, which explains and displays the full text of Applicant’s “Declaration of Interdependence.” At the bottom of the webpage, DECLARATION OF INTERDEPENDENCE is used as the heading for, and title of, the actual “Declaration of Interdependence” document.29 Applicant contends that “[t]itles of programs, initiatives, campaigns, and organized activities routinely function as service marks when they identify a particular offering associated with a service provider.”30 However, this unsupported argument about the hypothetical service marks of others is unavailing. See Enzo Biochem, Inc. v. Gen-Probe Inc., 424 F.3d 1276, 1284 (Fed. Cir. 2005) (“Attorney argument is no substitute for evidence.”). Instead, we must consider the relevant consumer perception of the mark at hand, based on the specimens and evidence of record. See Eagle Crest, 2010 TTAB LEXIS 346, at *6. The specimens here show the applied-for mark being used to refer only to a statement of the values and ideals of Applicant’s organization, which is identified by the wording FIRST GLOBAL and accompanying design at the top of both specimens. Cf. Keep A Breast, 2017 TTAB 29 Likewise, DECLARATION OF INTERDEPENDENCE appears in the title of the YouTube video that can apparently be accessed through the webpage. While the Board will consider video evidence if properly made of record during prosecution, see In re Jimenez, No. 97551823, 2025 TTAB LEXIS 441, at *6, Applicant did not make of record a copy of the relevant video here. Thus, we are unable to determine whether the video shows use of the applied-for mark as a source identifier for Applicant’s services. 30 Applicant’s Supplemental Appeal Brief, 10 TTABVUE 4.
Serial No. 98849390 14 LEXIS 259, at *15 (finding that consumers would be unlikely to perceive the applied- for mark as indicating the source of the identified services and noting that “if anything, the applied-for mark appears to be created as part of” services offered under another designation appearing on the specimens). And the evidence of record shows that consumers have been exposed to organizations using DECLARATION OF INTERDEPENDENCE to identify their guiding ideals and values, just as Applicant does. In that context, Applicant’s mere use of DECLARATION OF INTERDEPENDENCE to refer to its own “foundational credo” or “initiative” does not transform the wording into something that the relevant consumers would recognize as a source indicator that serves to identify and distinguish Applicant’s identified services from the services of others. Trademark Act Section 45, 15 U.S.C. § 1127. III. Conclusion As used on the specimens of record, Applicant’s applied-for mark DECLARATION OF INTERDEPENDENCE fails to function as a service mark for the identified services in Classes 35 and 41.31 See In re Whataburger Sys., Inc., 1980 TTAB LEXIS 31 Applicant has claimed acquired distinctiveness under Trademark Act Section 2(f), 15 U.S.C. § 1052(f). See November 21, 2025 Response to Nonfinal Office Action at TSDR 5. However, as the Examining Attorney points out in his brief at 12 TTABVUE 6, matter that does not function as a service mark is unregistrable and thus a claim of acquired distinctiveness cannot overcome a refusal on that basis. See The Ride, 2020 TTAB LEXIS 2, at *34 (“[N]o amount of evidence of acquired distinctiveness can overcome a failure to function refusal.”); In re Mancino, No. 73327710, 1983 TTAB LEXIS 90, at *5-6 (“Since the refusal to register in this case was based on applicant’s failure to demonstrate technical service mark use, the claim of distinctiveness under Section 2(f) was of no relevance to the issue in the case.”); TMEP § 1212.02(i) (“[W]here the examining attorney has determined that matter sought to be registered is not registrable because it is not a mark within the meaning of the Trademark Act, a claim that the matter has acquired distinctiveness under §2(f) as applied to the applicant’s goods or services does not overcome the refusal.”).
Serial No. 98849390 15 73, at *3 (“[A] designation may not be registered either as a trademark or as a service mark unless it is used as a mark, in such a manner that its function as an indication of origin may be readily perceived by persons encountering the goods or services in connection with which it is used.”) (no number in original). As this is a sufficient basis for refusing registration, we do not reach the other grounds for refusal. See In re Everson, No. 97104306, 2026 TTAB LEXIS 75, at *3 (finding one ground sufficient to refuse registration and declining to reach the other ground); see also TBMP § 1217 (noting the Board’s discretion to affirm a refusal of registration based on one of multiple grounds). Decision: We affirm the refusal to register Applicant’s applied-for mark for both classes of services under Trademark Act Sections 1, 2, 3, and 45, because, as used on the specimens of record, it does not function as a service mark to identify the source of the identified services and distinguish them from the services of others.
OCR transcription for search; preserved printed pages are authoritative
THIS OPINION IS NOTA PRECEDENT OF THE TTAB Mailed: September 28, 2026 UNITED STATES PATENT AND TRADEMARK OFFICE Trademark Trial and Appeal Board In re International FIRST Committee Association Serial No. 98849390 Mark E. Tetreault for International FIRST Committee Association. Joseph Greene, Trademark Examining Attorney, Law Office 125, Robin Mittler, Managing Attorney. Before English, Thurmon, and Lavache, Administrative Trademark Judges. Opinion by Lavache, Administrative Trademark Judge: Applicant International FIRST Committee Association seeks registration on the Principal Register of the standard-character mark DECLARATION OF INTERDEPENDENCE for “Promoting educational programs and competitions for others in the fields of science, technology, engineering, and mathematics,” in International Class 35, and “Education services, namely, conducting educational Serial No. 98849390 2 programs and competitions in the fields of science, technology, engineering, and mathematics,” in International Class 41.1 Applicant appeals the Trademark Examining Attorney’s refusal of registration on the grounds that (1) under Trademark Act Sections 1, 2, 3, and 45, 15 U.S.C. §§ 1051- 1053, 1127, the applied-for mark fails to function as a service mark because it merely provides information about the identified services; (2) under Trademark Act Sections 1, 2, 3, and 45, 15 U.S.C. §§ 1051-1053, 1127, the applied-for mark fails to function as a service mark because, as used on the specimens of record, it does not show the mark functioning as a source identifier for Applicant’s services; and (3) under Trademark Act Sections 1 and 45, 15 U.S.C. §§ 1051, 1127, the specimens of record fail to show a direct association between the applied-for mark and the identified services.2 1 Application Serial No. 98849390, filed on November 12, 2024, based on Applicant’s allegation of use in commerce under Trademark Act Section 1(a), 15 U.S.C. § 1051(a), claiming October 1, 2022, as both the date of first use anywhere and the date of first use in commerce for both classes of services. Applicant claims acquired distinctiveness in the applied-for mark as a whole under Section 2(f) of the Trademark Act, 15 U.S.C. § 1052(f). See n.31 below. 2 For brevity, we have simplified our summary of the procedural history, which includes a request for remand by the Examining Attorney, a subsequent final Office action, and the filing of a supplemental appeal brief by Applicant. For a more detailed review of the events following the filing of the appeal, see 4 TTABVUE through 12 TTABVUE. The TTABVUE and Trademark Status and Document Retrieval (TSDR) citations in this opinion refer respectively to entries in the Board’s electronic docket and the downloadable PDF version of 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. 98849390 3 Both Applicant and the Examining Attorney have filed briefs.3 As explained below, we affirm the refusal of registration under Sections 1, 2, 3, and 45 on the ground that the applied-for mark fails to function as a service mark because, as used on the specimens of record, it does not show the mark functioning as a source identifier for the identified services. We do not reach the other grounds for refusal. I. Evidentiary Objection Before turning to our analysis, we address the Examining Attorney’s objection to evidence submitted during prosecution that was never properly introduced into the record.4 Specifically, the Examining Attorney previously objected to a screenshot of an internet search engine “AI Overview,” which was included in Applicant’s response to a nonfinal Office action, because it lacked the date of access and a complete URL.5 As the Examining Attorney explained to Applicant in a subsequent final Office action,6 to properly introduce internet evidence into the record, a party must provide (1) an image file or printout of the downloaded webpage, (2) the date the evidence was downloaded or accessed, and (3) the complete URL address of the webpage. See In re I-Coat Co., No. 86802467, 2018 TTAB LEXIS 171, at *7-9; see also TRADEMARK TRIAL AND APPEAL BOARD MANUAL OF PROCEDURE (TBMP) § 1208.03 (2026); TRADEMARK MANUAL OF EXAMINING PROCEDURE (TMEP) § 710.01(b) (May 2026). 3 Applicant’s Supplemental Appeal Brief, 10 TTABVUE; Examining Attorney’s Brief, 12 TTABVUE. 4 See Examining Attorney’s Brief, 12 TTABVUE 4. 5 See January 14, 2026 Subsequent Final Office Action at TSDR 3. 6 Id. Serial No. 98849390 4 The Board will not consider internet evidence that does not comply with these requirements, except where the examining attorney does not object. See I-Coat, 2018 TTAB LEXIS 171, at *9. Here, the Examining Attorney timely and properly objected to the internet evidence and advised Applicant how to correct the deficiency.7 Applicant, however, failed to do so.8 We therefore sustain the Examining Attorney’s objection and have not considered this evidence.9 II. Failure to Function as a Service Mark A. Applicable Law The Examining Attorney’s second ground for refusal is that the applied-for mark fails to function as a service mark under Trademark Act Sections 1, 2, 3, and 45, 15 U.S.C. §§ 1051-1053, 1127, because, as used on the specimen of record, it does not show the mark functioning as a source identifier for Applicant’s services. A service mark is “any word, name, symbol, or device, or any combination thereof . . . used by a person . . . to identify and distinguish the services of one person, including a unique service, from the services of others and to indicate the source of the services.” Trademark Act Section 45, 15 U.S.C. § 1127. Not every word, combination of words, or other designation used in the advertising or rendering of 7 See id. 8 Although the Examining Attorney’s objection to the evidence was raised in a subsequent final Office action and the application was then immediately returned to the Board for resumption of the appeal, Applicant could have requested remand to correct the deficiency. See TBMP § 1209.04. 9 In any event, Applicant’s Supplemental Appeal Brief does not rely on or otherwise reference this evidence, which appears to have been submitted in support of Applicant’s claim of acquired distinctiveness. Serial No. 98849390 5 services performs a source-indicating function, even if adopted with that purpose in mind. See In re The Ride, LLC, No. 86845550, 2020 TTAB LEXIS 2, at *18-19; D.C. One Wholesaler, Inc. v. Chien, No. 91199035, 2016 TTAB LEXIS 536, at *8 (citing In re Eagle Crest, Inc., No. 77114518, 2010 TTAB LEXIS 346, at *6); Am. Velcro, Inc. v. Charles Mayer Studios, Inc., 1973 TTAB LEXIS 11, at *19 (no number in original). Thus, a designation is not a service mark merely because it appears or is otherwise used on a specimen. See In re Aerospace Optics, Inc., No. 76171288, 2006 TTAB LEXIS 126, at *3-4 (“The mere fact that a designation appears on the specimen of record does not make it a trademark.”). Rather, to function as a service mark, a designation must be used in a manner that would be perceived by purchasers as identifying and distinguishing the source of the services recited in the application. See The Ride, 2020 TTAB LEXIS 2, at *10; In re Keep A Breast Found., No. 85316199, 2017 TTAB LEXIS 259, at *7 (“[A] service mark must be ‘used in such a manner that it would be readily perceived as identifying’ the services . . . .” (quoting In re Moody’s Inv’rs Serv. Inc., No. 73565540, 1989 TTAB LEXIS 53, at *10-11)). Accordingly, “the central question in determining whether Applicant’s proposed mark functions as a service mark is the commercial impression it makes on the relevant public (e.g., whether the term sought to be registered would be perceived as a mark identifying the source of the services).” Keep A Breast, 2017 TTAB LEXIS 259, at *14. “To make this determination we look to the specimens and other evidence of record showing how the designation is actually used in the marketplace.” Eagle Crest, 2010 TTAB LEXIS 346, at *6. Serial No. 98849390 6 B. Analysis Applicant’s original specimen of use, which was submitted in support of both identified classes of services, shows the applied-for mark appearing on what the Examining Attorney characterizes as a plaque.10 As the Examining Attorney notes, the “plaque features the name of the Applicant’s organization [FIRST Global] at the top in the largest print, the applied-for mark immediately below also in large print, followed by a listing of Applicant’s organization’s guiding principles and values, and at the bottom is . . . where 10 November 12, 2024 Application at TSDR 7 (red arrow added). Serial No. 98849390 7 participants sign the plaque to signify they agree to follow these principles and values.”11 The Examining Attorney argues that “[t]he placement of the applied-for mark below the Applicant’s name and immediately before the listing of principles and values indicates the applied-for mark is meant to be associated with the values statement that has been created by Applicant,” rather than the identified services, which are not referenced at all.12 Thus, the Examining Attorney concludes, “consumers will perceive the applied-for mark on the original specimen as merely identifying or referring to the statement of values, and not as the source of any services.”13 We agree with the Examining Attorney’s analysis and conclusion. When viewed in its entirety, the specimen is simply a statement of the values of Applicant’s organization FIRST Global. And the wording DECLARATION OF INTERDEPENDENCE merely identifies the type and nature of the statement. Indeed, the preamble that appears below the wording DECLARATION OF INTERDEPENDENCE, and above the list of values, explicitly states that “the time has come for the world to recognize our interdependence on one another” and that “the people of FIRST Global now declare the following guiding principles.”14 The fact that the applied-for mark appears on a wall-mounted plaque, where such statements typically appear, reinforces this conclusion. 11 Examining Attorney’s Brief, 12 TTABVUE 11. 12 Id. at 11-12. 13 Id. at 12. 14 November 12, 2024 Application at TSDR 7 (italics removed). Serial No. 98849390 8 In addition, the Examining Attorney has submitted various excerpts from third- party websites showing that it is common for organizations in various industries to have and promote a “declaration of interdependence,” listing the ideals and values of the organization, which are unconnected to any particular services. For example: • The website for Whole Foods Market includes a “Declaration of Interdependence” “recogniz[ing] the interdependence among our stakeholders” and “reflect[ing] the hopes and intentions of many people.”15 • The David Suzuki Foundation invites people to sign a “Declaration of Interdependence” that “expresses our values as an organization,” recognizes that “we are interconnected,” and resolves to “work for an evolution . . . from insecurity[] to interdependence.”16 • The website for Humanists International includes a document entitled “Declaration of Interdependence: a new Global Ethics,” which, among other things, states that there is a “need to recognize that each of us has responsibilities to the world community” and lists specific ideals and principles regarding those responsibilities.17 • A website explaining Certified B Corporations includes a “B Corp Declaration of Interdependence” that lists several principles about how a business should be conducted, including the principle that “we should act with the understanding that we are each dependent upon another and thus responsible for each other and future generations.”18 • The organization We, The World asks people to sign its “Declaration of Interdependence,” which is a “guiding set of principles” for “the people of planet Earth,” which recognizes “the interconnectedness of all life” and acknowledges “our interdependence.”19 15 October 9, 2025 Nonfinal Office Action at TSDR 9-12. 16 Id. at 14-16. 17 Id. at 20-25. 18 January 14, 2026 Subsequent Final Office Action at TSDR 11-14. 19 Id. at 16. Serial No. 98849390 9 • The website for One Shared World promotes a “Declaration of Interdependence” that declares “our interdependence and mutual duties and responsibilities as individuals and members of distinct communities, organizations, entities, and nations all in this together.”20 When the applied-for mark, as shown in the original specimen, is considered against the backdrop of the evidence indicating the likely perception of the term “declaration of interdependence,” we find that the only function the applied-for mark serves is to identify the type and nature of the statements displayed. Thus, it does not function as a service mark to identify the source of Applicant’s identified services in Classes 35 and 41 and distinguish them from the services of others. Applicant’s substitute specimen of use, reproduced below, was also submitted in support of both classes of services and consists of a screenshot of a webpage from Applicant’s website.21 The Examining Attorney points out that “[t]he webpage is presented in a similar layout as the plaque [in the original specimen], showing the applied-for mark used at the top of the webpage and again in the middle of the webpage where it shows a digital version of the same values and principles statement that appears on the plaque.”22 20 Id. at 21-23. 21 Applicant submitted this same substitute specimen in three different filings during prosecution. See May 14, 2025 Response to Nonfinal Office Action at TSDR 7; June 5, 2025 Request for Reconsideration at TSDR 7; November 21, 2025 Response to Nonfinal Office Action at TSDR 14. The version of the specimen displayed above most clearly shows all the relevant content on a single page. See November 21, 2025 Response to Nonfinal Office Action at TSDR 14 (red arrows added). 22 Examining Attorney’s Brief, 12 TTABVUE 12. Serial No. 98849390 [S& er Promams impact Getinclved Rewowces pres Me EX OBES a DECLARATION OF INTERDEPENDENCE AND BILL OF RESPONSIBILITIES WE ARE COMMITTED TO A GREATER PURPOSE. FIRST Global is the morit's reeponde to urgent chalenges that require @ global sohition Today's challenges do not slop one community, one prownce. or one country. Global probe Global is leading Jent 10 promote glabal callaboration and interdependence call for international efforts 1o develop innovations and the will to apply them. There is a needed rote for every citizen in every country. FIRST Below are FIRST Global's Deck of and ts acco q Togethes, jocuments represent of FIRST Globat me ave & community dedicated to the cooperative pursuft of a mare peacetul world, actvewed by Innovating together to ensue the lite bberty auceess, advaccement, and happiness of al who whare our planet We ask that all FIST Global students, mentors, volunteers, and supporters read these documents and recommt themselves to the values they uphold. They are more than just words on paper; Dey are w visible commitment to interdependence and the resporeibéities we al have to one anather Watch the video below to see the next generation of STEM leaders o themselves to these pi and the pursutt of Ci Gracious Professsonalian@. and STEM edscation for a better worl Global’challengeés require OTP global solutions OL ———>_‘- DECLARATION OF INTERDEPENDENCE > Devclaration of Sutordependence ‘We the peaple of FIRST Global - the students, teachers, the memora, the ther supporters ~ for the world to loco ourselves and future generations, Fist But when we work together, ty * Throughout history. made by credible accomelishenents of pant mnovators, © Science o Now technology, webbeing in amore sustainable, peacelul world, Theeetore, and, 0 tenor ly %, BILL OF RESPONSIBILITIES Bill of Kespousitilities ‘our empathy, and biggest to ouraeves, to each Apert et 7. We lowe what we do. jn 90 dora, 10 Serial No. 98849390 11 According to the Examining Attorney, “[w]hile the webpage shows additional information immediately before the values statement, this information is merely a broader discussion of the value[s] of Applicant’s organization ‘FIRST Global’ and regularly references the values statement associated with the mark and not any services Applicant provides.”23 In support, the Examining Attorney notes that the webpage states that “[b]elow are FIRST Global’s Declaration of Interdependence and its accompanying Bill of Responsibilities”; that, “[t]ogether, these documents represent the foundation[al] credo of FIRST Global”; and that Applicant’s organization “[a]sk[s] that all FIRST Global students, mentors, volunteers, and supporters read these documents and recommit themselves to the values they uphold.”24 Thus, the Examining Attorney asserts that, like the original specimen, this substitute specimen “shows the applied-for mark used only to reference the statement of values and not any actual services, and routinely references Applicant’s organization ‘FIRST Global’ as the source of the services for which the values statement applies.”25 The Examining Attorney therefore concludes that “consumers will perceive the applied-for mark as merely referring to Applicant's statement of its core values and principles on that webpage and not the source of the services provided in association with that statement.”26 23 Id. 24 Id. 25 Id. 26 Id. Serial No. 98849390 12 Applicant, for its part, argues that “[t]he mark appears prominently at the top of a webpage dedicated to the DECLARATION OF INTERDEPENDENCE initiative” and that “[p]lacement of a designation in a title or heading position is a well- recognized form of trademark usage.”27 According to Applicant, “[c]onsumers encountering the phrase DECLARATION OF INTERDEPENDENCE within Applicant’s website and program materials would understand it to refer to a specific initiative connected to Applicant’s STEM education programs.”28 We are not persuaded by Applicant’s arguments. Again, the mere fact that the applied-for mark appears on the specimen does not make it a service mark. See Aerospace Optics, 2006 TTAB LEXIS 126, at *3-4. While the wording DECLARATION OF INTERDEPENDENCE appears in various places on Applicant’s webpage, in none of these appearances does the wording serve as a service mark for any of Applicant’s identified services. As discussed above, the evidence of record indicates that consumers have been exposed to various organizations using the wording “declaration of interdependence” to refer to an organization’s values and ideals. And, here, Applicant’s webpage itself uses DECLARATION OF INTERDEPENDENCE the same way. Specifically, the introductory text at the top of the webpage refers to Applicant’s organization’s “Declaration of Interdependence” as one of two guiding, foundational documents for the organization and its “students, mentors, volunteers, and supporters,” which reflects “the values they uphold.” And 27 Applicant’s Supplemental Appeal Brief, 10 TTABVUE 5. 28 Id. Serial No. 98849390 13 every other instance of DECLARATION OF INTERDEPENDENCE on the webpage reinforces or is otherwise consistent with that usage. Thus, the heading at the very top of the webpage uses DECLARATION OF INTERDEPENDENCE to indicate the subject matter of the webpage, which explains and displays the full text of Applicant’s “Declaration of Interdependence.” At the bottom of the webpage, DECLARATION OF INTERDEPENDENCE is used as the heading for, and title of, the actual “Declaration of Interdependence” document.29 Applicant contends that “[t]itles of programs, initiatives, campaigns, and organized activities routinely function as service marks when they identify a particular offering associated with a service provider.”30 However, this unsupported argument about the hypothetical service marks of others is unavailing. See Enzo Biochem, Inc. v. Gen-Probe Inc., 424 F.3d 1276, 1284 (Fed. Cir. 2005) (“Attorney argument is no substitute for evidence.”). Instead, we must consider the relevant consumer perception of the mark at hand, based on the specimens and evidence of record. See Eagle Crest, 2010 TTAB LEXIS 346, at *6. The specimens here show the applied-for mark being used to refer only to a statement of the values and ideals of Applicant’s organization, which is identified by the wording FIRST GLOBAL and accompanying design at the top of both specimens. Cf. Keep A Breast, 2017 TTAB 29 Likewise, DECLARATION OF INTERDEPENDENCE appears in the title of the YouTube video that can apparently be accessed through the webpage. While the Board will consider video evidence if properly made of record during prosecution, see In re Jimenez, No. 97551823, 2025 TTAB LEXIS 441, at *6, Applicant did not make of record a copy of the relevant video here. Thus, we are unable to determine whether the video shows use of the applied-for mark as a source identifier for Applicant’s services. 30 Applicant’s Supplemental Appeal Brief, 10 TTABVUE 4. Serial No. 98849390 14 LEXIS 259, at *15 (finding that consumers would be unlikely to perceive the applied- for mark as indicating the source of the identified services and noting that “if anything, the applied-for mark appears to be created as part of” services offered under another designation appearing on the specimens). And the evidence of record shows that consumers have been exposed to organizations using DECLARATION OF INTERDEPENDENCE to identify their guiding ideals and values, just as Applicant does. In that context, Applicant’s mere use of DECLARATION OF INTERDEPENDENCE to refer to its own “foundational credo” or “initiative” does not transform the wording into something that the relevant consumers would recognize as a source indicator that serves to identify and distinguish Applicant’s identified services from the services of others. Trademark Act Section 45, 15 U.S.C. § 1127. III. Conclusion As used on the specimens of record, Applicant’s applied-for mark DECLARATION OF INTERDEPENDENCE fails to function as a service mark for the identified services in Classes 35 and 41.31 See In re Whataburger Sys., Inc., 1980 TTAB LEXIS 31 Applicant has claimed acquired distinctiveness under Trademark Act Section 2(f), 15 U.S.C. § 1052(f). See November 21, 2025 Response to Nonfinal Office Action at TSDR 5. However, as the Examining Attorney points out in his brief at 12 TTABVUE 6, matter that does not function as a service mark is unregistrable and thus a claim of acquired distinctiveness cannot overcome a refusal on that basis. See The Ride, 2020 TTAB LEXIS 2, at *34 (“[N]o amount of evidence of acquired distinctiveness can overcome a failure to function refusal.”); In re Mancino, No. 73327710, 1983 TTAB LEXIS 90, at *5-6 (“Since the refusal to register in this case was based on applicant’s failure to demonstrate technical service mark use, the claim of distinctiveness under Section 2(f) was of no relevance to the issue in the case.”); TMEP § 1212.02(i) (“[W]here the examining attorney has determined that matter sought to be registered is not registrable because it is not a mark within the meaning of the Trademark Act, a claim that the matter has acquired distinctiveness under §2(f) as applied to the applicant’s goods or services does not overcome the refusal.”). Serial No. 98849390 15 73, at *3 (“[A] designation may not be registered either as a trademark or as a service mark unless it is used as a mark, in such a manner that its function as an indication of origin may be readily perceived by persons encountering the goods or services in connection with which it is used.”) (no number in original). As this is a sufficient basis for refusing registration, we do not reach the other grounds for refusal. See In re Everson, No. 97104306, 2026 TTAB LEXIS 75, at *3 (finding one ground sufficient to refuse registration and declining to reach the other ground); see also TBMP § 1217 (noting the Board’s discretion to affirm a refusal of registration based on one of multiple grounds). Decision: We affirm the refusal to register Applicant’s applied-for mark for both classes of services under Trademark Act Sections 1, 2, 3, and 45, because, as used on the specimens of record, it does not function as a service mark to identify the source of the identified services and distinguish them from the services of others.
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