The mark as it appears on the download page and digital goods
Specimen Description
The following displays the YeahVacay™ digital download page as it exists on YeahVacay.com, showing the mark YEAHVACAY prominently displayed in connection with a downloadable digital audio file (MP3). This webpage constitutes a valid specimen of use in commerce for International Class 09 under 37 C.F.R. §2.56(b)(2), as it shows the mark in association with the goods available for download.
Exhibit A — Download Page as It Appears at YeahVacay.com/publishing/class09
This is the actual download page where the YeahVacay™ branded digital audio file "YeahVacay State of Mind" is offered for download on YeahVacay.com. The mark YEAHVACAY appears prominently at the top via the logo and throughout the page in connection with the downloadable MP3 file YeahVacay-State-of-Mind.mp3. The album art "YeahVacay State of Mind — Beach Folk & Island Vibes" further displays the mark in connection with the digital goods.
✓ Mark on Download Page ✓ Goods Available for Download ✓ Album Art Bears MarkURL Evidence — Mark as Used in Commerce
The YeahVacay™ mark appears in connection with the digital goods at the following URLs:
- The mark YEAHVACAY is displayed on each page where the digital audio file is offered
- The downloadable file and its album art are branded as YeahVacay™ products
- The mark appears on the download button, page header, logo, and album art
- The digital file is currently available for download by consumers in the United States
- The mark is also in use on streaming platforms including Spotify, Apple Music, and Amazon
Identification of Goods — International Class 09
Goods: Downloadable digital audio files; downloadable music audio files; downloadable digital audio recordings.
- File Name: YeahVacay-State-of-Mind.mp3
- Album / Title: YeahVacay State of Mind — Beach Folk & Island Vibes
- Format: MP3 (MPEG Audio Layer III)
- Nature: Original digital audio recording, downloadable via the internet
- The goods are offered for download on the applicant's website at https://yeahvacay.com
- The mark YEAHVACAY appears prominently on the webpage and album art where the digital file is offered
- Consumers can download the digital audio file directly from the applicant's website and streaming distributors (Spotify, Apple Music, Amazon, etc.)
- The mark is in use in interstate commerce in connection with the identified goods in International Class 009