TTAB Reverses Specimen Refusal: One Specimen May Support Products In Multiple Classes

The Board reversed a refusal to register the mark AGE IQ for various medicated skin care products, finding Applicant's specimens of use to be acceptable. The Examining Attorney contended that the specimens were faulty because they did not describe the goods as "medicated," and because Applicant had used the same specimen in a co-pending application for non-medicated cosmetics.  In re CGTN C.V., Serial No. 87448330 (July 13, 2022) [not precedential] (Opinion by Judge Cindy B. Greenbaum). 

The Board observed that a single product may serve multiple purposes. For example, salt may be used both for food purposes and for use in chemical industries. So, too, applicant's skin care  products may serve both a cosmetic (class 3) and a medical (class 5) purpose, and so a single specimen may support both.