The USPTO distinguishes between downloadable software and non-downloadable (e.g. web-based) software, placing them in different classes of goods/services. When claiming downloadable software in a trademark application, the USPTO looks for a specimen evidencing the software is downloadable. Typically that occurs via a specimen showing a “download” or similar link.
In a recent case, the TTAB of the USPTO rejected the applicant’s specimens, finding that the specimens did not demonstrate the software was downloadable. One of the annotated specimens (below) showed that the icon to launch the software opened a web browser. The TTAB said, “Showing that the software is accessible via a web browser may not necessarily preclude the fact that the software may be downloadable; however, only showing the software accessed via a web browser does not effectively show the downloadable nature of the software.”
[Case: In re Amada Am., 2025 TTAB LEXIS 364, Serial No. 88322796 (TTAB 2025)].