TTAB Reverses Specimen Refusal, Finding Webpage Sufficient for Pet Food Products

The Board overturned a specimen refusal of the mark RAISED RIGHT RR VETERINARY SUPPORT (in standard characters) for "Cat food; Dog food; Pet food; Edible cat treats; Edible chews for dogs; Edible dog treats; Edible pet treats," finding that applicant's website constituted an acceptable "display associated with the goods." In re Raised Right Pets, L.P., Serial No. 98709772 (August 3, 2026) [not precedential] (Opinion by Judge Jennifer L. Elgin).

Under Section 45 of the Trademark Act, a mark is deemed to be in use in commerce on goods when, among other things, “it is placed in any manner on the goods or their containers or the displays associated therewith ....”

To establish that a webpage constitutes a “display associated with the goods,” the following criteria must be met: (1) the website contains a picture or textual description of the identified goods; (2) the website shows the mark in association with the goods; and (3) the website provides a means for ordering the identified goods. MN Apparel, 2021 TTAB LEXIS 162, at *19 (citing TMEP § 904.03(i)).

The Managing Attorney maintained that this specimen is split across five different pages, requiring multiple “clicks” to purchase the pet foods products; but only the first page displays the proposed mark.  Applicant argued that, considered together, the website is an acceptable display associated with the goods: the mark appears at the top of the page; the "corresponding contiguous webpages display and describe the goods identified in the application”"; and 'the adjoining webpages provide a direct purchasing mechanism."

The Board sided with the applicant. It noted that "the top of the webpage shows the mark RAISED RIGHT RR VETERINARY SUPPORT in a stylized format along with the menu for 'buy a box' and a shopping cart symbol." "Further down the webpage we find explanations and pictures which make clear to the consumer that Applicant’s goods are human-grade pet food that is cooked and frozen by Applicant; thawed by the consumers; and then served to the pet."

Applicant explained that the button “choose recipes” may be used by consumers to proceed to purchase the goods. This button is not a model of clarity in terms of directing consumers to add the pet food items sold under the mark to the shopping cart. But the “buy a box” dropdown tab and the shopping cart, which appear in close association with the mark, fill in the blanks. We infer that the drop-down options lead consumers to a webpage on Applicant’s website, as presented in the specimen, from which they can select a box of bagged pre-cooked and frozen pet food to purchase.

In sum, the proposed mark appears prominently at the top of the webpage, in close association with the product images, descriptions, and ordering mechanisms. "Viewed as a whole, the specimen demonstrates that the mark functions as a source identifier for the goods being offered for sale."

We find that the three-part test for a display associated with the goods as set forth in MN Apparel, 2021 TTAB LEXIS 162, at *19, is satisfied because the Second Substitute Specimen includes: (1) A picture or textual description of identified goods (images of pet food and descriptions of human-grade pet food that is cooked, frozen, thawed, and served); (2) The mark shown in association with the goods (mark in upper-center portion of webpage in close proximity to images of the goods); and (3) A means for ordering the goods (collectively, the “buy a box” dropdown, shopping cart icon, and “choose recipes” button, leading to an ordering page).

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TTABlogger comment: Good to see the Board side with the applicant on a specimen issue. PS: Former TTAB Judge Beth Chapman just pointed out to me that, although the Board says the application "will proceed to registration," it actually has to be published for opposition first.

Text Copyright John L. Welch 2026.