[E-trademarks] Trade Show booth as specimen

[voyer@keganlaw.com]

Can Applicant’s authorized representative certify personal knowledge that the photo accurately represents
the reality including the date it was takenn; and also certify that there was an ordering mechanism at the
trade show— parallel to what a web sitte needs to have for goods, to be more than just advertising?


Daniel Kegan *  <daniel at keganlaw.com>
KeganLaw * Counsel to Counsel™ * <http://www.keganlaw.com>
We identify, develop, and protect intangible business assets
and counsel other professionals on legal issues.
Balanced Counsel for Smart Clients®
29 Kendal Dr
Kennett Square PA 19348-2323 USA
847=452-2599

> On Dec 13, 2023, at 2:29 PM, Janet Satterthwaite via E-trademarks <e-trademarks at oppedahl-lists.com> wrote:
> 
> Hello brain trust
> 
> We filed a use-based application for MARK for sales and marketing of [consumer goods].  
> 
> The specimen was the mark prominently displayed on client's booth at an industry trade show.
> 
> The photo of the booth was from an industry blog.
> 
> The specimen has been refused, first, b/c the photo was in a third party blog (so???);
> 
> and second, because it does not show a direct association between the mark and the services.
> 
> How can that be? A booth at a trade show can only be for the purpose of sales and marketing of the goods. Moreover, the blog post described how the goods were displayed at the booth.
> 
> Has anyone encountered this before, before I dive in to the research?
> 
> thx
> 
> Janet
> 
> Janet F. Satterthwaite|Partner/ Chair, Trademark Practice|Potomac Law Group, PLLC
> 1717 Pennsylvania Avenue, NW, Suite 1025 
> Washington, D.C. 20006
> jsatterthwaite at potomaclaw.com <mailto:jsatterthwaite at potomaclaw.com>|www.potomaclaw.com <https://www.potomaclaw.com/>
> 
> https://www.potomaclaw.com/professionals-janet-f-satterthwaite
>    
> 
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