IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In re Application of:
`
`AMERICAN MARKETING SERVICES, INC.
`
`Serial No.:
`
`76/554285
`
`Filed:
`
`October 27, 2003
`
`Mark:
`
`THE MERCHANDISER
`
`:
`
`:
`'
`
`:
`
`NEWSPAPERS “ADVERTISING:
`
`NEWS CONSUMERS USE”
`
`'
`
`A B
`
`Examining Attorney Michael Webster
`Law Office 102
`
`REQUEST FOR RECONSIDERATION
`
`Commissioner for Trademarks
`
`James Madison Building - East Wing
`Fifth Floor
`
`600 Dulany Street
`Alexandria, Virginia 22314
`
`Sir:
`
`In response to the Official Action dated July 18, 2004, please amend the above-identified
`
`application as follows:
`
`In the identified goods:
`
`Revise the identification to read:
`
`“NEWSPAPERS FEATURING CLASSIFIED ADVERTISEMENTS AND CURRENT
`
`EVENTS, in International Class 16.”
`
`HllflllllllHIIHIHIllfllHlfllllflllllllfllllll
`
`U.s. P
`
`O1-18-2005
`
`.
`atent & TMOfcITM Mall Rcpt D1. #72
`
`

`
`
`
`Amendment and Request for Reconsideration
`Mark: THE MERCHANDISER NEWSPAPERS
`
`“ADVERTISING NEWS CONSUMERS USE”
`Serial No. 76/554285
`
`Page 2
`
`REMARKS
`
`Applicant has appealed the Examining Attomey’s determination that MERCHANDISER
`
`is descriptive when used in connection with App1icant’s newspapers, but has requested that the
`
`appeal be suspended to give the Examining Attorney a chance to reconsider his FINAL Refusal
`
`under Section 2(e) (1) of the Trademark Act. For the reasons enumerated below, the Applicant
`
`reasserts that the above-identified mark is not descriptive, but is suggestive when applied to
`
`App1icant’s goods.
`
`MERCHANDISER is a Defined Term
`
`In his FINAL Refusal, the Examining Attorney based his argument that
`
`MERCHANDISER was descriptive of Applicant’s newspapers by stating that the “definition of
`
`the verb MERCHANDISE is: To promote the sale of, as by advertising or displaying.” When
`
`combined with NEWSPAPERS “the mark immediately describes and names the characteristics
`
`and features of the goods, namely it refers to something that promotes the sale of goods by
`
`advertising.” Applicant states that the Examining Attorney has applied the wrong definition in
`
`his analysis and as such has come to the wrong conclusion that MERCHANDISER is
`
`descriptive.
`
`For an Applicant to be required to disclaim a term in a mark, the term must be merely
`
`descriptive under Section 2(e) (1) of the Trademark Act, 15 U.S.C. l052(e) (1), and immediately
`
`convey knowledge of the ingredients, qualities, or characteristics of the goods with which it is
`
`used. E In re Bright-Crest, Ltd. 204 U.S.P.Q. 591 (TTAB 1979); In re Gyglay, 3 USPQ2d
`
`

`
`
`
`Amendment and Request for Reconsideration
`Mark: THE MERCHANDISER NEWSPAPERS
`
`“ADVERTISING NEWS CONSUMERS USE”
`Serial No. 76/554285
`
`Page 3
`
`1009 (Fed. Cir. 1987). On the other hand, a term is suggestive if, in the context of those goods, a
`
`purchaser must use imagination, thought, or some type of multi-stage reasoning to understand
`
`the term’s significance. SQ Plyboo America Inc. v. Smith & Fong Co., 51 USPQ2d 1633
`
`(TTAB 1999).
`
`To prove that a term is descriptive, warranting a disclaimer, it is the common practice at
`
`the U.S. Patent and Trademark Office (“PTO”) to research the term through dictionaries.
`
`Dictionary definitions are evidence of how the public perceives a term. §e_e In re Mavety Media
`
`Group Ltd., 31 U.S.P.Q.2d 1923 (Fed. Cir. 1994); In re Chopper Industries, 222 USPQ 258, 260
`
`(TTAB 1981); Miller Brewing Co. v. Falstaff Brewing Corp, 208 USPQ 919, 931 (D.C.R.I.
`
`1980). In the event a term has not been defined, it is common practice for the PTO to try to
`
`discern its meaning from its root word. However, if a term already has been defined by a
`
`dictionary, then obviously, the PTO should use its exact definition in its analysis of whether it is
`
`descriptive as used in connection to the identified goods.‘
`
`In the case at hand, MERCHANDISER has an exact definition as shown in the following
`
`dictionaries:
`
`' The Examining Attorney seems to have ignored Applicant’s original dictionary definitions for the exact term
`MERCHANDISER since he states: “Applicant argues that the definition of ‘MERCHANDISER’ must be associated
`with some form of ‘person engaged in buying and selling.’ In truth, the exact definition of MERCHANDISER is “a
`person engaged in buying and selling” as evidenced by ten (10) dictionaries. The Examining Attorney continued
`“The addition of the suffix ‘-er’ to a verb does not automatically turn the verb into a living person.” In re Time
`Solutions Inc., 33 USPQ2d 1156 (TTAB 1994) (YOUR HEALTH INSURANCE MANAGER descriptive as used in
`connection with management soflware); In re Intelligent Instrumentation Inc., 40 USPQ2d 1792 (TTAB 1996)
`(VISUAL DESIGNER descriptive as used in connection with custom design sofiware). First, Applicant has not
`merely added an “-er” to a verb.” MERCHANDISER is its own discrete word. Second, these cases are clearly
`distinguishable on the facts from the instant case. The goods in both cited cases were computer software, not
`newspapers.
`In addition, in each case the Board found that each respective applicant’s advertising used the term
`MANAGER or DESIGNER in a descriptive sense. This is not the case here.
`
`

`
`
`
`Amendment and Request for Reconsideration
`Mark: THE MERCHANDISER NEWSPAPERS
`
`“ADVERTISING NEWS CONSUMERS USE”
`Serial No. 76/554285
`
`Page 4
`
`Dictionary.com: MERCHANDISER, n: a businessperson engaged in retail trade
`
`[synr merchant]
`
`OneLook Dictionary: MERCHANDISER, (n) A trader.
`
`Webster Dictionary: MERCHANDISER, n. A trader.
`
`WordNet 2.0: MERCHANDISER, 1. merchant, merchandiser — (a
`
`businessperson engaged in retail trade).
`
`RhymeZone: MERCHANDISER, noun: a businessperson engaged in retail trade
`
`yourDictionary.com: MERCHANDISER, noun A person engaged in buying and
`
`selling: businessperson, dealer, merchant, speculator, trader, tradesman, trafficker.
`
`TheFreeDictionary.com: MERCHANDISER, Noun 1. a business person engaged
`
`in retail trade.
`
`Bartleby.com: MERCHANDISER, NOUN: A person engaged in buying and
`
`selling: businessperson, dealer, merchant, speculator, trader, tradesman, trafficker.
`
`LookWayUp.com: MERCHANDISER, [n] a businessperson engaged in retail
`
`trade.
`
`Wordreference.com: MERCHANDISER, A 1 a businessperson engaged in retail
`
`trade. fi Exhibits 1—l0.
`
`None of the above dictionaries defines MERCHANDISER as a newspaper.
`
`

`
`
`
`Amendment and Request for Reconsideration
`Mark: THE MERCHANDISER NEWSPAPERS
`
`“ADVERTISING NEWS CONSUMERS USE”
`
`Serial No. 76/554285
`
`Page 5
`
`Additional Evidence that MERCHANDISER Refers to a Person or Entity
`
`As further evidence that MERCHANDISER refers to a person or entity, not a newspaper,
`
`Applicant herewith submits sixteen (16) articles taken from the Internet. E Exhibits 11
`
`through 26. Each article defines MERCHANDISER as a person or is a job description for a
`
`position called a MERCHANDISER. Thus, MERCHANDISER cannot be descriptive of a
`
`newspaper, unless the newspaper was aimed toward merchandisers or advertised job openings
`
`for merchandisers. Applicant’s goods do neither.
`
`Moreover, Applicant submits two other registrations where MERCHANDISER is not
`
`disclaimed, Reg. No. 2,432,961 VISUAL MERCHANDISER and Reg. No. 2,831,109
`
`LIVE!MERCHANDISER.2 E Exhibits 27 and 28. In rebuttal to the Examining Attomey’s
`
`third party registrations, Applicant states that Reg. No. 1,930,936 ARMY/NAVY STORE &
`
`OUTDOOR MERCHANDISER is registered for publications namely a magazine in the field of
`
`retailing. Such a magazine is directed to people in the field of retailing which explains the
`
`disclaimer. Likewise withiReg. No. 2481042 RETAIL MERCHANDISER, which is registered
`
`for a magazine in the field of marketing and sales of products and services. AND Reg. No.
`
`2,208,319 AUTOMATIC MERCHANDISER which is registered in connection with magazines
`
`featuring information in the field of the vending machine industry. These three marks are
`
`2 The Examining Attorney seems to put a lot of weight behind third party registrations which disclaim the term
`MERCHANDISER. “It is well settled that third party registrations are not conclusive on issues of registrability.” l_n
`re Ox-Yoke Originals, Inc., 222 USPQ 352 (TTAB 1983) (citing In re Scholastic Testing Service, Inc., 196 USPQ
`517 (TTAB 1977)). Notwithstanding, Applicant has made prior registrations part of the record as well as the two for
`software. Whether the registrations are live or dead is of no matter because even dead registrations were once active
`and can function as evidence of prior determinations by the PTO that marks were suggestive, not descriptive.
`
`

`
`
`
`Amendment and Request for Reconsideration
`Mark: THE MERCHANDISER NEWSPAPERS
`
`“ADVERTISING NEWS CONSUMERS USE”
`Serial No. 76/554285
`
`Page 6
`
`registered for goods directed at the merchandising industry. Not so App1icant’s goods which are
`
`directed to general consumers. The rest of the Examining Attomey’s third party registration
`
`evidence are not registered for publications, but for “supermarket merchandise display racks,”
`93 66
`
`digital signage systems to display advertising messages,
`
`product merchandising services in the
`
`field of pharmaceuticals, etc.,” and “display racks for merchandise.” None of these last can be
`
`said to be any related channel of trade and are irrelevant when considering evidence of
`
`descriptiveness. In re Scholastic Testing Service, Inc., 196 USPQ 517 (TTAB 1977).
`
`Finally, Applicant herewith submits one hundred six (106) declarations signed by the
`
`relevant purchasing public of the goods stating for the record that MERCHANDISER is
`
`understood to mean a “person or entity engaged in buying and selling” and not a newspaper. See
`
`Exhibits 29 through 135.
`
`Applicant’s overwhelming evidence demonstrating that MERCHANDISER does not
`
`directly and immediately describe a newspaper proves that the term in question is not
`
`descriptive. It naturally follows that MERCHANDISER must be suggestive when applied to the
`
`instant goods.
`
`MERCHANDISER Is Suggestive as Used in Connection with the Goods
`
`A mark is suggestive if it requires some “imagination, thought or perception to reach a
`
`conclusion as to the nature of the goods. A suggestive term differs from a descriptive term,
`
`which immediately tells something about the goods or services.” TMEP § l209.0l(a).
`
`

`
`
`
`Amendment and Request for Reconsideration
`Mark: THE MERCHANDISER NEWSPAPERS
`“ADVERTISING NEWS CONSUMERS USE”
`
`Serial No. 76/554285
`
`Page 7
`
`MERCHANDISER has the understood meaning of “a person engaged in buying and
`
`selling.” When used in the title of a newspaper that contains classified advertisements and news
`
`articles MERCHANDISER is an example of personification; or the attribution of personal
`
`qualities to an inanimate object. An average consumer upon seeing the term in connection with a
`
`newspaper containing an amalgamation of classified advertisements and news stories would have
`
`to use imagination and a multi-step thought process to discern what MERCHANDISER means.
`
`No one would actually believe that the newspaper was a living person, which is the dictionary
`
`definition of MERCHANDISER. While MERCHANDISER may have the capacity to draw
`
`attention to qualities of the goods, imagination and thought are required to reach conclusions as
`
`to the nature of the goods from these terms. Consequently, MERCHANDISER is suggestive in
`
`connection with newspapers and no disclaimer is required.
`
`Doubt Resolved in Applicant's Behalf.
`
`Finally, Applicant respectfully submits that in almost all Section 2(e) (1) cases there is a
`
`gray area in determining the descriptiveness of a mark, where reasonable people may differ.
`
`Historically it has been the practice of the PTO to resolve such doubt in the Applicant's behalf,
`
`since competitors will have the opportunity to oppose the application once published and present
`
`evidence that is usually not present in ex-parte examination. In re Bel Paese Sales Co., 1
`
`U.S.P.Q.2d 1233 (TTAB 1986); In re Bed—Check Corp, 226 U.S.P.Q. 946 (TTAB 1985); In re
`
`Gracious Lady Service, Inc., 175 U.S.P.Q. 380 (TTAB 1972); In re Pennwalt Corp, 173
`
`

`
`
`
`Amendment and Request for Reconsideration
`Mark: THE MERCHANDISER NEWSPAPERS
`
`“ADVERTISING NEWS CONSUMERS USE”
`Serial No. 76/554285
`
`Page 8
`
`U.S.P.Q. 317 (TTAB 1972). Applicant requests the same courtesies be extended to the instant
`
`mark.
`
`For all of the above reasons, Applicant requests that the Examining Attorney withdraw
`
`the requirement of a disclaimer for MERCHANDISER. Applicant presumes that its application
`
`is now in order for publication, and favorable treatment is requested.
`
`Respectfully submitted,
`
`AMERICAN M RKETIING SERVICES, INC.:
`
`
`
`Eric J. von Vor s
`
`Karl Wm. Me ns
`
`Shulman, Ro ers, Gandal,
`Pordy & Ecker, P.A.
`11921 Rockville Pike - Third Floor
`
`Rockville, Maryland 20852
`(301) 230-5242 (voice)
`(301) 230-2891 (facsimile)
`Attorneys for Applicant
`
`January 18, 2005
`
`

`
`
`
`EXPRESS MAIL CERTIFICATE
`
`Express Mail No.: EV 339412734 USD
`
`Date of Deposit:
`
`January 18, 2005
`
`I hereby certify that this paper or fee is being deposited with the United States Postal
`Service and that it is addressed to the Commissioner for Trademarks, James Madison
`Building - East Wing, Fifth Floor, 600 Dulany Street, Alexandria, Virginia 22314 by
`“Express Mail Post Office to Addressee.”
`
` January 18, 2005
`Date
`
`Eric J. von Vorys, E q.
`
`G:\127\TTAB\American Marketing Services\RequestReconsideration.doc
`
`

`
`
`
`Dictionary.com/merchandiser
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`2 entries found for Merchandiser.
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`met; chan-dis er n.
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`Source: The American Heritage® Dictionary ofthe English Language,
`Fourth Edition
`
`Copyright © 2000 by Houghton Mifilin Company.
`
`Merchandiser
`
`n : a businessperson engaged in retail trade [synz mchant]
`
`Eqrthliinik
`
`ma:-up
`
`with
`
`f '. ace--ierafar
`
`Retail
`Merchandiser
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`Visual
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`Merchandiser - OneLook Dictionary Search
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`5 Find definitions
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`(‘ Find translations F Search all dictionaries
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`Definitionsfrom The Online Plain Text English Dictionary:
`
`Merchandiser
`
`o (n.) A trader.
`
`OPTED is a public domain English word list dictionary, based on the public domain portion of "The Project Gutenberg Etext of Webster's
`Unabridged Dictionary" which is in turn based on the 1913 US Webster's Unabridged Dictionary. (See Project Gutenburg.)
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`ARTFL Project: Webster Dictionary, 1913
`
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`ARTFL Proiectz Webster Dictionary, 1913
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`Searching for: "merchandiser"
`Found 1 hit(s).
`
`Merchandiser (Page: 213)
`
`Mer"chan*di‘ser (?) , n. A trader. Bunyan.
`
`Returrito Porm
`
`it
`
`it
`
`P.0I_I
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`PP__PPH
`
`Generated on: Fri Jan 14 13:50:28 CST 2005
`
`Mark Olsen, ARTFL Project, mark@gide.uchicago.edu
`
`http://machaut.uchicago.edu/cgi-bin/WEBSTER.sh?WORD=merchandiser EXHIBIT
`
`' 3
`
`

`
`
`
`WordNet 2.0 Vocabulary Helper: merchandiser
`
`Page 1 of 3
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`KILIDU -> PQET_S. -> E191
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`WordNet 2.0 Vocabulary Helper: merchandiser
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`Contents
`
`o Qverviewgof noun me_rch_and_iser_
`Hyponyms of noun merchandiser
`Synonyms[Hypernyms (Ordered by_Est_imated Frequency) of noun mercliandiser
`Derived Forms of _noun merchandiser
`Coordinate Terrns_ (sisters) of noun merchandiser
`
`Go to the input form.
`
`Go to the top of this page.
`
`Overview of noun merchandiser
`
`The noun merchandiser has i sense (as senses tram tagged texts}
`
`o 1. merchant, merchandiser —- (a businessperson engaged in retail trade)
`
`Go to the top of this page.
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`Hyponyms of noun merchandiser
`
`1 sense of merchandiser
`
`Sense i
`
`merchant, merchandiser -- (a businessperson engaged in retail trade)
`
`o baker -- (someone who bakes commercially)
`bookdealer, book seller -- (a dealer in books; a merchant who sells books)
`butcher, meatman -- (a retailer of meat)
`clothier, haberdasher -- (a merchant who sells men's clothing)
`grain merchan -- (a merchant who deals in food grains)
`grocer -- (a retail merchant who sells foodstuffs (and some household supplies))
`jeweler, jeweller -- (someone in the business of selling jewelry)
`milliner -- (a merchant who designs and sells hats)
`poultryman, poulterer -- (a dealer in poultry and poultry products)
`retailer, retail merchant -- (a merchant who sells goods at retail)
`o rug merchant -- (a merchant who sells rugs)
`
`000000000
`
`http://poets.notredame.ac.jp/cgi-bin/wn?cmd=wn&word=merchandiser
`
`EXHIBIT
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`tabblef
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`_:l_
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`

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`
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`RhymeZone: merchandiser
`
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`109. Help. Eeed b.a_ck, _C.u_sLomTze.
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`
`Type in a word below to find its rhymes, synonyms, definitions, and more:
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` word: merchandiser
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`(3 Syllables F Letters
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`Include phrases: 5 Yes F No
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`Rhymes Synonyms
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`[Definitions] Hzsmophones Similarsound Same consonants Related
`
`Definitions of merchandiser:
`
`o noun:
`
`a businessperson engaged in retail trade
`
`Search for merchandiser at other dictionaries: OneLook, Dictionary.com, Merriam-Webster
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`Related words...
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`[Definition] Quotes Encyclopedia
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`merchandiser - yourDictionary.com - Roget's II: The New Thesaurus, Third Edition
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`Thesaurus
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`Resufls younf§§§dcfionanyconf'
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`merchandiser
`noun
`
`A person engaged in buying and selling:
`businessperson, dealer, merchant, speculator, trader,
`tradesman, trafficker.
`See transactions.
`
`Back
`
`§*§as::§€ ta Seamh
`
`Roget's II: The New Thesaurus, Third Edition
`by the Editors of the American Heritage® Dictionary.
`Copyright © 1995 by Houghton Mifflin Company. Published by Houghton Mifflin Company. All rights reserved.
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`merchandiser - definition of merchandiser by the Free Online Dictionary, Thesaurus and Encyclopedia.
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`by Fariex
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`Mer'chan‘di‘ser
`
`Noun 1. merchandiser - a businessperson engaged in retail trade
`merchant
`
`baker - someone who bakes commercially
`book seller, bookdealer - a dealer in books; a merchant who sells books
`
`bourgeois, businessperson - a capitalist who engages in industrial commercial enterprise
`butcher, meatman - a retailer of meat
`clothier, haberdasher - a merchant who sells men's clothing
`
`grain merchant - a merchant who deals in food grains
`grocer - a retail merchant who sells foodstuffs (and some household supplies)
`
`jeweler, jeweller - someone in the business of selling jewelry
`milliner — a merchant who designs and sells hats
`
`poulterer, poultryman - a dealer in poultry and poultry products
`retail merchant, retailer - a merchant who sells goods at retail
`A rug merchant - a merchant who sells rugs
`salt merchant, salter - someone who makes or deals in salt
`
`
`
`schlockmeister, shlockmeister - a merchant who deals in shoddy or inferior merchandise
`
`(marketer, seller, trafficker, vender, vendor - someone who promotes or exchanges goods or services for money
`‘ market keeper, shopkeeper, storekeeper, tradesman - a merchant who owns or manages a shop
`
`stationer, stationery seller - a merchant who sells writing materials and office supplies
`
`tbargainer, dealer, monger, trader - someone who purchases and maintains an inventory of goods to be sold
`‘merchant-venturer, venturer - a merchant who undertakes a trading venture (especially a venture that sends goods
`, overseas)
`vintner, wine merchant - someone who sells wine
`
`‘Charles Henry Harrod, Harrod - English merchant who took over a shop in London that was expanded by his son into
`a prestigious department store (1800-1885)
`Charles Digby Harrod, Harrod - English merchant who expanded his father's shop in London into a prestigious
`department store (1841-1905)
`
`
`Legend: Synonyms Related Words ǤAntonyms
`
`-.WW ;#E§m:;”3§£§?a§§§$9F" ti’? W~3.d€1§3;*’§3‘*50
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`http://wvvw.thefreedictionary.com/merchandiser
`
`EXHIBIT
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`
`
`merchandiser. Roget’s II: The New Thesaurus, Third Edition. 1995.
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`Page 1 of 1
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`Roget’s II: The New Thesaurus, Third Edition. 1995.
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`§saes*s§;a;‘3ri§se.§*
`
`NOUNI A person engaged in buying and selling: businessperson, dealer, merchant,
`speculator, trader, tradesman, trafficker. See TRANSACTIONS.
`
`Roget’s II: The New Thesaurus, Third Edition. Copyright © 1995 by Houghton Mlfflin Company. Published by the Houghton Mifflin Company. All
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`merchandiser
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`Page 1 of 1
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`“‘°"‘*°l Onjine,tlranslatiorxdictionary
`Definition of lmefchandiser
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`[n] a businessperson engaged in retail trade.
`Synonyms
`merchant
`Related tenns
`Related derivation trade
`Type of businessperson
`Example: trader grocer retailer seller fishmonger shopkeeper baker bookdealer butcher clothier ironmonger jeweler milliner poullryman
`schlockmeister stationer vintner grain__merchant rug_merchant salt_merchant merchant-venturer char|es_henry_harrod char|es_digby_harrod
`
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`http://lookwayup.com/lwu.exe//lwu/d‘?t=&h=www.onelook.com&s=f&b=&w=merchandis
`
`EXHIBIT
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`Definition of merchandiser - WordReference.com Dictionary
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`Page 1 of 1
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`mercenary
`mercer
`mercerise
`mercerised
`mercerize
`mercerized
`merchandise
`
`merchant
`merchant—venturer
`merchant bank
`merchant marine
`
`merchant ship
`merchant vessels
`
`merchantability
`merchantable
`merchantman
`merciful
`
`merchandiser:
`in French
`in Italian
`in Spanish
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`(5Ymb0'S)
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`3:5:/nessperson engaged In retail
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`grfifigory Tree‘
`Lyobject physical object
`L|iving_thing; aTni_mate_thing
`“=organism; being
`l=person; individual; someone; so
`mortal; human; soul
`“=capita|ist
`Lbusinessperson; bourgeois
`Lmerchant, merchandise cfigmgam ;)
`“==Harrod; Char|es_Digb ~— ---- »-
`LHarrod; Char|es_Henry_Harrod
`Lvintner; wine_merchant
`L-venturer; merchant-venturer
`L-trader; bargainer; dealer; monger
`“=stationer; stationery_se||er
`Lshopkeeper; tradesman; storekeeper;
`market__keeper
`“=sel|er; marketer; vender; vendor; trafficker
`“=sch|ockmeister; shlockmeister
`Lsalter; sa|t_merchant
`"=rug_merchant
`“=retailer; retai|_merchant
`“=poultryman; poulterer
`Lmilliner
`
`Ljeweler; jeweller
`Lgrocer
`"=grain_merchant
`Lclothier; haberdasher
`Lbutcher; meatman
`Lbookdealer; book_se||er
`”=baker
`
`Need more information?
`
`Ask a question in the new forum.
`
`Look up "merchandiser" at Merriam—Webster
`Look up "merchandiser" at dictionary.com
`
`http://wwwwordreference.com/definition/merchandiser
`
`
`
`

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`leamdirect - merchandiser
`
`Page 1 of 3
`
`merchandiser
`
`The work
`
`Merchandisers are responsible for deciding which goods to stock in which shops and how they
`should be displayed. In large retail companies, merchandisers are likely to be dealing with one
`range of products. In a smaller retail company they may be responsible for both the buying and
`merchandising.
`
`Merchandisers predict trends and fashions and decide which products are most likely to appeal to
`customers. They analyse sales information, work out sales targets and plan how to increase profits.
`They visit suppliers or manufacturers to select goods. This is likely to involve working closely with
`retail buyers. They negotiate a price, order the goods, agree a delivery date, complete all the
`necessary papenlvork, and keep in touch with suppliers to make sure that the goods arrive on time.
`
`Merchandisers work closely with visual display staff and department managers to decide how goods
`should be displayed to best attract customersa€T"" attention. This might involve planning and setting
`up sales promotions and advertising campaigns.
`
`Merchandisers may also travel to different stores to discuss how well the stock is selling, and make
`decisions about whether to withdraw, increase or move the stock to another store. Computers play
`an important part in the work é€"
`they are used to handle sales statistics, produce sales projections
`and present spreadsheets and graphs.
`
`Hours and Environment
`
`Merchandisers usually work a 38 hour week, Monday to Friday, but sometimes work much longer
`hours, for instance during special sales promotions or the opening of a new store.
`
`Most of the work is office-based, but some time is spent each week visiting regional stores or
`suppliers. This may involve spending short periods of time away from home. At senior levels this
`may include travelling abroad - to find new suppliers, select and buy goods, or sort out problems
`with manufacturers.
`
`Skills and Interests
`
`To work as a merchandiser you need:
`
`mathematical ability - to work out budgets and understand sales figures
`to be able to understand what the customer wants
`
`to have business sense and negotiation skills
`the ability to work well in a team
`to be well organised and good at planning
`good written and spoken communication skills
`a creative flair
`
`to have the ability to cope with the pressure of fast-paced work.
`
`Entry
`Entry is usually with a degree or BTEC/SQA HND in a retail, marketing or a business-related
`subject. Experience of business or the retail industry is useful.
`
`Some companies may consider you with A levels/Highers or relevant vocational A lev
`level 3 if you have the right skills and qualities. However, competition forjobs is very '
`previous retail experience is important.
`
`You are likely to need a driving licence.
`
`http://wwwleamdirect-advice.co.uk/helpwithyourcareer/j obprofiles/profiles/profi1e657/
`
`
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`

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`1eamdirect- merchandiser
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`Page 2 of 3
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`Training
`Some of the larger retail companies recruit graduate management trainees. You would spend time
`working in different departments, learning all aspects of retailing and store management, before you
`specialised in merchandising.
`
`It is also possible to enter merchandising via a buying or marketing role, through internal promotion.
`This may include study for NVQs/SVQs in Procurement at levels 2 to 4; Retail Operations at levels
`2 to 4; Sales at levels 2 to 3; or Sales Management at Level 4. Other qualifications include those
`offered by the Chartered Institute of Purchasing and Supply or the Chartered institute of Marketing.
`
`Foundation and Advanced Modern Apprenticeships (MAPPs) may be available for people aged 16-
`24.
`
`For details see: MAPPs (England); Skillseekers MAPPs (Scotland); National Traineeships MAPPs
`(Wales); and MAPPs (Northern lreland).
`
`Opportunities
`Employers include large retail multiples, such as Marks and Spencer and Tesco, and large
`independent retailers found in most cities throughout the country.
`
`Opportunities also exist with manufacturers and wholesalers, mail order and internet companies.
`
`Entry to the job is competitive.
`
`There are better prospects for promotion within the larger retail companies and opportunities might
`include specialising in a particular type or brand of goods, taking responsibility for the
`merchandising of goods in shops across an entire region, or moving on to other areas of retail
`management. Merchandisers may have to move around the country to gain promotion.
`
`Annual Income
`
`The annual income section is intended as a guideline only.
`
`Trainee or newly recruited merchandisers usually earn £11,000 - £15,000.
`More experienced merchandisers earn in the region of £20,000.
`Senior merchandisers in large retail companies can earn more than £30,000.
`
`Further information
`
`Chartered Institute of Marketing
`Moor Hall
`Cookham
`Maidenhead
`Berkshire
`SL6 9QH
`Tel: 01628 427500
`www.cim.co.uk
`
`The Chartered institute of Purchasing and Supply
`Easton House
`Easton on the Hill
`Stamford
`Lincolnshire
`PE9 3NZ
`Tel: 01780 756777
`
`wvvw.cips.org
`
`If you would like to discuss your career options with a learning advisor at the learndirect advice
`line,
`call us on 0800 100 900 or use our online enguiry form.
`
`http://wwwleamdirect-advice.co.uk/helpwithyourcareer/j obprofiles/profiles/profile657/
`
`1/12/2005
`
`

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`Job Description - Merchandiser
`
`Page 1 of 1
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`$45!/as {deaf artlire /Wire $1222
`
`Squire Value
`
`Squire Cellar
`
`Retailer
`
`Industry
`
`Western Washington Wine industry Eniploymcnt
`Home > Industry, News and Resources > Jobs > Job Description
`
`Merchandiser (entry level)
`
`Job Description: Merchandising is a great way to get a start in the
`Beverage Industry. Distributors deliver 10,000+ cases of wine,
`beer and non-alcoholic beverages every day. The cases bound for
`grocery stores, and some restaurants must be stocked and serviced.
`Duties also include building displays, placing advertising material,
`and continuing good customer relationships. After a paid training
`period, you will be given a list of accounts to stock and service.
`You will generally work by yourself with your performance
`evaluated on the quality of your work. Must be 21 or older, have a
`good driving record and be able to lift a case of wine. Common
`sense, a willingness