The Trademark Trial & Appeal Board issued a precedential
decision affirming a refusal to register a mark because there was
no direct association between the specimen and the applied-for
services. In re Gail Weiss, Serial No. 88621608 (July
31, 2024, TTAB) (Cataldo, Goodman, Pologeorgis,
ATJ)
Gail Weiss applied to register the mark GABBY'S TABLE on
the Principal Register for “computerized online retail store
services in the field of food, cooking utensils, cookware, culinary
arts cookbooks, magazines, and videos, and lifestyle books,
magazines, and videos.” Weiss submitted a specimen of use
that consisted of “website marketing and advertising.”
The Examining Attorney refused registration on the grounds that the
specimen failed to show the mark in use in commerce in connection
with the identified services. The Examining Attorney argued that
the specimen only showed a list of items recommended for purchase,
but the website did not offer the consumer retail store
