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

[Dale Quisenberry]

See below

C. Dale Quisenberry
Quisenberry Law PLLC
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Houston, Texas 77069
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www.quisenberrylaw.com<http://www.quisenberrylaw.com>

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From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com> on behalf of Carl Oppedahl via E-trademarks <e-trademarks at oppedahl-lists.com>
Date: Monday, 12 February 2024 at 3:12 pm
To: for trademark practitioners <e-trademarks at oppedahl-lists.com>
Cc: Carl Oppedahl <carl at oppedahl.com>
Subject: [E-trademarks] what counts as retail store services?
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



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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