[E-trademarks] Radio Ad As Specimen For Services

[Montgomery, Alexander P.]

Has anyone successfully used an audio file of an on-air radio advertisement as a specimen for a service mark? The mark is read as a tagline in the ad read and the services are obviously referenced.

I've only ever used an audio file as a specimen for sound marks (and the TMEP only appears to reference audio files when talking about specimens for sound marks), and print/electronic material for service marks.

But the radio ad is advertising/promotional material that references the services, it's just that consumers hear the tagline rather than see it. But that shouldn't matter, should it?

Alexander P. Montgomery <http://www.hinckleyallen.com/people/alexander-p-montgomery>
Partner
________________________________
Hinckley Allen <http://www.hinckleyallen.com/>
28 State Street
Boston, MA 02109-1775
p: 617-378-4366 |  f: 617-345-9020
amontgomery at hinckleyallen.com<mailto:amontgomery at hinckleyallen.com>

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