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Test Your TTAB Judge-Ability on these Two Service Mark Specimens of Use

Examining Attorney Ira Goodsaid rejected two specimens of use, one for brick-and-mortar retail clothing store services, and the other for online retail clothing store services. Let's see if you agree with him. Applicant's specimen for its mark AERIE UNDIES IN A BUNCH for retail clothing store services comprised a photograph of a sign on a table in a store (immediately below). Is that a proper specimen of use for these services? In re Retail Royalty Company, Serial No. 77137764 (November 23, 2010) [not precedential].No, it is not. The Board found the sign to be a "display associated with the goods," which would likely be acceptable as a trademark specimen of use for the goods displayed. But it is not a proper service mark specimen.The mark by its nature and as it appears on these specimens specifically and directly refers to and identifies the goods themselves...continue to full post

Full post as published by The TTABlog on December 07, 2010 (boomark / email).