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Here’s What Happened:
Gail Weiss was part of the Amazon Affiliate Store program. As an affiliate, she would review products on her website. If someone clicked on the product and completed the purchase on Amazon, Gail would get a commission. Gail doesn’t sell anything.
Gail named her website GABBY’S TABLE. She filed an intent to use application with the USPTO. She described her services as “computerized on-line retail store services.” Eventually, she filed a statement of use and submitted the specimen that appears in the attached graphic.
The Examining Attorney refused registration arguing that Gail doesn’t provide retail store services. Gail doesn’t sell anything. She doesn’t have a shopping cart, price or shipping information. She’s just there to help consumers decide on what to buy.
Gail appealed to the Trademark Trial and Appeal Board. Gail argued that her website was “shelf space” for the goods of others. The TTAB rejected Gail’s argument and agreed with the Examining Attorney. The “Buy Now” button on Gail’s website doesn’t give a consumer the ability to buy anything. All it does is redirect the consumer to Amazon. Then the consumer uses Amazon.com to buy the goods.
The TTAB affirmed the refusal to register GABBY’S TABLE.
WHY YOU SHOULD KNOW THIS: There was an easy fix to the problem. Gail could have filed a new application describing her services as “providing a web site featuring the ratings, reviews and recommendations on products and services.” Granted, this means Gail would have to start from scratch and go through the process all over again. But, hopefully, she would have better luck registering GABBY’S TABLE.
Cited Authority: In re Gail Weiss, Application No. 88621608 (T.T.A.B. July 31, 2024).