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

[asarabia2]

My two cents.

Regards,

Tony Sarabia

IP Business Law, Inc.
320 via Pasqual
Redondo Beach, CA 90277
(310)377-5171

On 2/12/2024 1:09 PM, Carl Oppedahl via E-trademarks wrote:
>
> A listserv member asks to post anonymously ...
>
> 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? Yes. This reminds me of 
> retail stores which use square to process all purchases, still retail 
> sales.
>

> Would it make a difference if the applicant accepted payment at the 
> booth rather than having the customer go through the gift shop 
> register?  No. What it the applicant has no one onsite at the booth? 
> Then no services, just class 25 goods. 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? If the 
> means are personal services or online services, then yes. If not 
> either of those, then no.
>
> 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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