# TMEP § 1301.01(b)(i): Contests and Promotional Activities

> Federal · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/TMEP_S1301.01(b)(i)

## Section

- **Citation:** TMEP § 1301.01(b)(i)
- **Heading:** Contests and Promotional Activities
- **Jurisdiction:** Federal
- **Kind:** Agency guidance
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** USPTO TMEP / Chapter 1300 - Service Marks, Collective Marks, and Certification Marks / TMEP § 1301.01(b)(i)

## Text

It is well settled that the promotion of one’s own
goods is not a service.
In re Radio Corp. of
Am.
, 205 F.2d 180, 98 USPQ 157
(C.C.P.A. 1953) (record manufacturer who prepares radio programs primarily designed
to advertise and sell records is not rendering a service);
In re SCM
Corp.
, 209 USPQ 278
(TTAB 1980) (supplying merchandising aids and store displays to retailers does
not constitute separate service);
Ex parte Wembley, Inc.
, 111
USPQ 386 (Comm’r Pats. 1956) (national advertising program designed to sell
manufacturer’s goods to ultimate purchasers is not service to wholesalers and
retailers, because national product advertising is normally expected of
manufacturers of nationally distributed products, and is done in furtherance of
the sale of the advertised products).
However, an activity that goes above and beyond what
is normally expected of a manufacturer in the relevant industry may be a
registrable service, even if it also serves to promote the applicant’s primary
product or service.
In re U.S. Tobacco
Co.
, 1 USPQ2d 1502
(TTAB 1986) (tobacco company’s participating in auto race held to constitute an
entertainment service, because participating in an auto race is not an activity
that a seller of tobacco normally does);
In re Heavenly Creations,
Inc.
, 168 USPQ 317 (TTAB 1971) (applicant’s free hairstyling
instructional parties found to be a service separate from the applicant’s sale of
wigs, because it goes beyond what a seller of wigs would normally do in promoting
its goods);
Ex parte Handmacher-Vogel, Inc.
, 98 USPQ 413
(Comm’r Pats. 1953) (clothing manufacturer’s conducting women’s golf tournaments
held to be a service, because it is not an activity normally expected in promoting
the sale of women’s clothing).
Conducting a contest to promote the sale of one’s
own goods is usually not considered a service, even though benefits may accrue to
the winners of the contest
Ex parte Handmacher-Vogel, Inc.
, 98 USPQ 413
(Comm’r Pats. 1953) (clothing manufacturer’s conducting women’s golf tournaments
held to be a service, because it is not an activity normally expected in promoting
the sale of women’s clothing).
Conducting a contest to promote the sale of one’s
own goods is usually not considered a service, even though benefits may accrue to
the winners of the contest. Such a contest is usually ancillary to the sale of
goods or services, and is nothing more than a device to advertise the applicant’s
products or services.
In re Dr. Pepper Co.
, 836 F.2d 508, 5
USPQ2d 1207 (Fed. Cir. 1987);
In re Loew’s Theatres,
Inc.
, 179 USPQ 126
(TTAB 1973) ;
In re Johnson Publ'g
Co.
, 130 USPQ 185
(TTAB 1961) . However, a contest that serves to promote the sale of the
applicant’s goods may be registrable if it operates in a way that confers a
benefit unrelated to the sale of the goods, and the benefit is not one that is
normally expected of a manufacturer in that field.
In re Congoleum
Corp.
, 222 USPQ 452
(TTAB 1984) .
A mark identifying a beauty contest is registrable
either as a promotional service, rendered by the organizer of the contest to the
businesses or groups that sponsor the contest, or as an entertainment service.
In re Miss Am. Teen-Ager,
Inc.
, 137 USPQ 82
(TTAB 1963) .
See
TMEP
§1402.11
.
See
TMEP §1301.01(b)(iii)
regarding the providing of
advertising space in a periodical.

## Nearby sections

- [TMEP § 1301 Service Marks](https://www.frixlaw.com/law-library/statutes/TMEP_S1301.md)
- [TMEP § 1301.01 What Is a Service?](https://www.frixlaw.com/law-library/statutes/TMEP_S1301.01.md)
- [TMEP § 1301.01(a) Criteria for Determining What Constitutes a Service](https://www.frixlaw.com/law-library/statutes/TMEP_S1301.01(a).md)
- [TMEP § 1301.01(a)(i) Performance of a Real Activity](https://www.frixlaw.com/law-library/statutes/TMEP_S1301.01(a)(i).md)
- [TMEP § 1301.01(a)(ii) For the Benefit of Others](https://www.frixlaw.com/law-library/statutes/TMEP_S1301.01(a)(ii).md)
- [TMEP § 1301.01(a)(iii) Sufficiently Distinct from Activities Involved in Provision of Goods or Performance of Other Services](https://www.frixlaw.com/law-library/statutes/TMEP_S1301.01(a)(iii).md)
- [TMEP § 1301.01(b)(i) Contests and Promotional Activities](https://www.frixlaw.com/law-library/statutes/TMEP_S1301.01(b)(i).md)
- [TMEP § 1301.01(b)(ii) Warranty or Guarantee of Repair](https://www.frixlaw.com/law-library/statutes/TMEP_S1301.01(b)(ii).md)
- [TMEP § 1301.01(b)(iii) Publishing One’s Own Periodical](https://www.frixlaw.com/law-library/statutes/TMEP_S1301.01(b)(iii).md)
- [TMEP § 1301.01(b)(iv) Soliciting Investors](https://www.frixlaw.com/law-library/statutes/TMEP_S1301.01(b)(iv).md)
- [TMEP § 1301.01(b)(v) Informational Services Ancillary to the Sale of Goods](https://www.frixlaw.com/law-library/statutes/TMEP_S1301.01(b)(v).md)
- [TMEP § 1301.01(b)(vi) Clinical Trials](https://www.frixlaw.com/law-library/statutes/TMEP_S1301.01(b)(vi).md)
- [TMEP § 1301.02 What Is a Service Mark?](https://www.frixlaw.com/law-library/statutes/TMEP_S1301.02.md)
- [TMEP § 1301.02(a) Matter that Does Not Function as a Service Mark](https://www.frixlaw.com/law-library/statutes/TMEP_S1301.02(a).md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/TMEP_S1301.01(b)(i). Check the current official text before relying on it. Not legal advice.