[E-trademarks] Evidence of Actual Use when Goods/Services Descriptions are Unclear

[O'Connell Jr., Robert]

Dear Listmates,

Can someone provide a citation (or two!) to a TTAB case saying that the Board (or an Examining Attorney) may consider extrinsic evidence of actual use of a mark, if and to the extent the goods/services description for that mark is vague or ambiguous?

I once had a good citation for that point but now cannot find it.

Many thanks.  For those in the USA, best wishes for the holiday.

-- Bob

Robert M. O'Connell, Jr.
Of Counsel
Orrick<https://www.orrick.com/>
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