TMEP 1301.04(d): Whether the Mark Is Used in Connection With the Identified Services

This is the October 2015 Edition of the TMEP

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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.