[E-trademarks] Radio Ad As Specimen For Services

[Tara Aaron-Stelluto]

I have, but cue sheets work too. I had a weird Office Action where the examiner claimed that neither the cue sheets nor the audio files were sufficient proof that consumers ever heard the ad, but we overcame that one pretty easily.

From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com> on behalf of Montgomery, Alexander P. via E-trademarks <e-trademarks at oppedahl-lists.com>
Date: Tuesday, April 1, 2025 at 3:38 PM
To: For trademark practitioners. This is not for laypersons to seek legal advice. <e-trademarks at oppedahl-lists.com>
Cc: Montgomery, Alexander P. <amontgomery at hinckleyallen.com>
Subject: [E-trademarks] Radio Ad As Specimen For Services
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
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amontgomery at hinckleyallen.com<mailto:amontgomery at hinckleyallen.com>



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Tara Aaron-Stelluto
Partner
Barton LLP
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