TMEP 1402.11(i): Marketing Services and Advertising Services

This is the October 2015 Edition of the TMEP

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1402.11(i)    Marketing Services and Advertising Services

Effective January 1, 2012, “Marketing” was added to the Nice Alphabetical List. See TMEP §1401.11(e). As with “Advertising services,” the entry is listed in the ID Manual as “Marketing services” to emphasize that the activity is a service (i.e., an activity done for the benefit of others) and to make clear that use of both terms is preferred.

However, if upon consideration of the entire application, including the specimen of use, other wording in the identification or other information in the application, the Examining Attorney determines that an applicant is actually promoting its own goods and/or services, a refusal may be issued on the basis that the record fails to identify a registrable service as contemplated by the Trademark Act. See TMEP §§904.07(b), 1301.01-1301.01(b)(v). Further, the unambiguous wording “marketing of {specify goods}” may not be clarified to identify only goods. For example, amendment of “marketing of shirts” to “shirts” would be beyond the scope of the original, acceptably definite identification.