1301.04(d) Whether the Mark Is Used in Connection With the Identified Services
The specimen must demonstrate the mark serving as a source indicator for the identified services. Therefore, registration must be refused if the specimen shows the mark is used only to promote goods rather than the identified services, or the mark is used as a service mark but not for the identified services (i.e., the applicant misidentified the services). See TMEP §§1301.02(a), 1301.02(e)–1301.02(f). See TMEP § 1301.04(g)(i) regarding failure to show use in commerce and §1301.04(h)(iii) regarding misidentified services.