What was it? What is it now?
What is/was use?: USPTO TSDR database and Internet Archive: Wayback Machine
Use:
United States: TMEP §904.03(i) Electronic Displays*
N.B.: "Use" means services must be rendered (or goods sold), not just advertised: Playdom, Inc. v. Couture cancellation (and attached)
See also In In re Dell, 71 USPQ2d at 172:
In today's commercial environment, we must recognize that the banners, shelf-talkers and other point of purchase displays that are associated with brick and mortar stores are not feasible for the on-line shopping setting. Web pages which display goods and their trademarks and provide for the on-line ordering of such goods are, in fact, electronic displays which are associated with the goods. Such uses are not merely advertising, because in addition to showing the goods and the features of the goods, they provide a link for ordering the goods.
Philippines: "...access to ordering online for the Philippines, is sufficient to constitute "use"...." [check with own counsel, and review specimens]
Canada: "Canadian courts have held that if a company responds to Canadian inquiries via its website, and/or displays the mark in its catalogues from which Canadian customers can order products, and/or are shipped products from the United States, such activity would constitute trademark “use” with “retail services” in Canada even without a “bricks and mortar” retail store in Canada, provided that there is at least some level of “interactivity” with potential customers in Canada. Lapointe Rosenstein LLP v. The West Seal, Inc., 2012 TMOB 114 (T.M.H.O.) (unreported); Saks & Co. v. Canada (Registrar of Trade Marks) (1989), 24 C.P.R. (3d) 49 (F.C.T.D.); McCarthy Tetrault v. Autozone Parts Inc. (2011), 93 C.P.R. (4th) 322 (T.M.O.B.)." (See Tricky Trademark Use Issues: United States and Canada, INTA Bulletin, February 15, 2013, Vol. 68 No. 4 and also attached)
Canada update: "Diminishing concerns over uncertainty of trademark registrations based on foreign registration and use after filing", Brian Isaac, Esq. [and see attached]
Intent-to-use caution in the U.S.: Pitfalls involving intent-to-use trademark applications (see also article copy, below)
Guidelines for clients:
Using Marks Consistently - by Kathleen A. Rheintgen, Esq. (and attached)
catalogs as specimens *must* include information necessary to order the goods: In re U.S. Tsubaki, Inc. (TTAB March 7, 2014)
for open source software specimens, see BLINK (now US Reg. No. 5022827, office action response filed June 14, 2016 (and under "Office actions" tab, this site)
Genericide:
Tiffany & Co. v. Costco Wholesale Corp. - see attached denial of summary judgment motion [3 Civ. 1041, Docket No. 71 (S.D. N.Y. Jan. 17, 2014)]
Caution--examples of former marks which have become generic
Updated May 4, 2018