[E-trademarks] what counts as retail store services?

[Carl Oppedahl]

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Hypo: applicant has been selling its cowboy hats in a booth located in a 
general gift shop.  Applicant’s has signage promoting its cowboy hats 
prominently displayed above the booth.  The hats are made by others. If 
someone wants to purchase a hat, they purchase it at the gift store 
register.  Is the applicant providing “retail store services featuring 
cowboy hats” in IC 035? Would it make a difference if the applicant 
accepted payment at the booth rather than having the customer go through 
the gift shop register?  What it the applicant has no one onsite at the 
booth? If the applicant provides a means for the customer to view and 
purchase the goods and arranges for the processing of payment by the 
gift shop is that enough?

The explanatory note for Class 35 states that this Class includes, in 
particular:

    /the bringing together, for the benefit of others, of a variety of
    goods, excluding the transport thereof, enabling customers to
    conveniently view and purchase those goods; such services may be
    provided by retail stores, wholesale outlets, through vending
    machines, mail order catalogues or by means of electronic media, for
    example, through websites or television shopping programmes/
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