[E-trademarks] Trade Show booth as specimen

[carla calcagno]

Hi Janet

 In my experience, the Examiners won't take "third party" shots of your
advertising for services or displays associated with the goods. So I would
have submitted your client's own picture of the trade show booth.

Apart from that the key issue for goods specimens is whether the trade show
is considered a point-of-sale display.  See,  TMEP 904.03(g). In at least
one case that I have not read in ages, flyers shown at a trade show were
considered displays associated with the goods and thus considered
acceptable as specimens.*In re Ancha Elecs. Inc.*, 1 USPQ2d 1318 (TTAB
1986) (holding that a photograph showing an informational flyer or leaflet
clearly depicting the mark and presented on the goods at a trade show
exhibit was an acceptable display associated with the goods). But read this
section, the USPTO will require you to jump through additional hoops when
you file these types of specimens to show that these trade shows are
point-of-sale displays for goods and not mere advertising.

I note that you sometimes say goods and sometimes say services in the
email.  If the specimens were for services, they should have been accepted,
without more, in my opinion, so long as the specimens were your own
client's photos.

Good Luck!

Carla Calcagno




On Wed, Dec 13, 2023 at 2:32 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|www.potomaclaw.com
>
>
> https://www.potomaclaw.com/professionals-janet-f-satterthwaite
>
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