A trademark must actually be used to perform a source-indicating function. 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). 

“[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.” In re Whataburger Sys., Inc., 1980 TTAB LEXIS 73, at *3 (no number in original).

But “[t]he mere fact that a designation appears on the specimen of [use] does not make it a trademark.” In re Aerospace Optics, Inc., No. 76171288, 2006 TTAB LEXIS 126, at *3-4. Instead, to function as a trademark, a designation must be used in a manner that would be perceived by purchasers as identifying and distinguishing the source of the goods or 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)). 

“[T]he 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. 

The TTAB recently found that BILL OF RESPONSIBILITIES, as displayed on the specimens of use, would not be perceived as a source indicator. In re International FIRST Committee Association, Ser. No. 99849414 (TTAB Sept. 28, 2026). 

When viewed in its entirety, the specimen is simply a list of the responsibilities that members of Applicant's organization, FIRST Global, pledge to uphold, and the wording BILL OF RESPONSIBILITIES merely identifies those responsibilities. Indeed, the preamble that appears directly below the wording BILL OF RESPONSIBILITIES, and above the members' signatures, explicitly states that the signing members “mutually pledge to each other . . . our undertaking of the responsibilities set forth below.”

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     In addition, the Examining Attorney has submitted various excerpts from thirdparty websites showing that it is common for organizations, including those offering educational programs, to create a “bill of responsibilities,” listing the ideals of, and expectations for, the organization and its members.

The TTAB concluded that the words BILL OF RESPONSIBILITIES in the statement of use was only used to identify their guiding principles such that "the only function the applied-for mark serves is to identify the nature of the document displayed." 

Consumers would be unlikely to perceive the applied-for mark as indicating the source of the identified services, suggesting that “if anything, the applied-for mark appears to be created as part of” services offered under another designation appearing on the specimens, and noting that other organizations engaged in similar activities in connection with their services. Keep A Breast, 2017 TTAB LEXIS 259, at *15