[E-trademarks] Radio Ad As Specimen For Services

[Edward Timberlake]

The TMEP is agnostic when it comes to media for specimens supporting
applications to register services marks, requiring simply that the specimen
"show" the mark, and that the specimen evince a direct connection between
the mark and the recited services.

The direct association "may be established textually, contextually, or
logically":

https://tmep.uspto.gov/RDMS/TMEP/current#/current/ch1300_d2266f_1ae2b_2ec.html

As a result, it's not unusual to encounter registered word marks for
services (such as legal services) supported by specimens consisting of
radio or television advertisements.


Sincerely,

Ed Timberlake
*Board Certified Specialist in Trademark Law
<https://www.nclawspecialists.gov/for-the-public/find-a-board-certified-specialist/results/detail/?id=29473>*

*Timberlake Law* <http://timberlakelaw.com/>
Chapel Hill, NC

Schedule a call on Clarity <https://clarity.fm/edtimberlake>
ed at timberlakelaw.com
919.960.1950








On Tue, Apr 1, 2025 at 4:36 PM Montgomery, Alexander P. via E-trademarks <
e-trademarks at oppedahl-lists.com> wrote:

> 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
>
>
> --
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>
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