[E-trademarks] Trade Show booth as specimen

Wed Dec 13 18:41:08 EST 2023

I'm wondering a little bit what the photo actually shows. A lot of
tradeshow booths are the company name and a few people hanging around but
no explicit text on the booth banner explaining what the company does.  If
you're at an accounting show and the booth says ABC & Co., you wouldn't
know from the picture that ABC & Co. is an accounting firm.

Regards,
Scott
Winter Closure: Dec. 25 - Jan. 1
Scott Landsbaum, Inc.
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On Wed, Dec 13, 2023 at 3:35 PM Crane, Susan via E-trademarks <
e-trademarks at oppedahl-lists.com> wrote:

> That shouldn’t be necessary.  If the mark is used to promote others goods,
> attending a trade show where you were promoting those goods, whether they
> could be ordered onsite or not, is still providing the service.  It is not
> akin to point of purchase displays.
>
>
>
> *Susan L. Crane*
>
> *Group Vice President, Legal*
>
> *Intellectual Property, Brands & Marketing*
>
>
>
> Wyndham Hotels & Resorts, Inc.
>
> 22 Sylvan Way
>
> Parsippany, NJ 07054
>
> *O* (973) 753-6455
>
> *M* (973) 879-3420
>
> Susan.Crane at wyndham.com
>
>
>
>
>
>
>
> *From:* E-trademarks <e-trademarks-bounces at oppedahl-lists.com> *On Behalf
> Of *voyer--- via E-trademarks
> *Sent:* Wednesday, December 13, 2023 3:56 PM
> *To:* Oppedahl Carl <e-trademarks at oppedahl-lists.com>
> *Cc:* voyer at keganlaw.com <daniel at keganlaw.com>
> *Subject:* Re: [E-trademarks] Trade Show booth as specimen
>
>
>
> 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
>
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> 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>
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> 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
>
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