Common-wealth Sports Management, Inc.

Trademark Trial and Appeal Board

Sep 10, 1999

No. 75198670 (T.T.A.B. Sep. 10, 1999)

THIS DISPOSITION IS NOT
CITABLE AS PRECEDENT OF THE TTAB 9/10/99
Paper No. 9
DEB
U.S. DEPARTMENT OF COMMERCE
PATENT AND TRADEMARK OFFICE
________
Trademark Trial and Appeal Board
________
In re Commonwealth Sports Management, Inc.
________
Serial No. 75/198,670
_______
David V. Radack of Eckert Seamans Cherin & Mellott for
Commonwealth Sports Management, Inc.
Alec Powers, Trademark Examining Attorney, Law Office 105
(Thomas Howell, Managing Attorney).
_______
Before Hanak, Quinn and Bucher, Administrative Trademark Judges.
Opinion by Bucher, Administrative Trademark Judge:
Commonwealth Sports Management, Inc., a Pennsylvania
corporation, has filed an application for registration of the
mark “LIFE READINESS PROGRAM,” (with the term “LIFE READINESS”
disclaimed) for “educational services, namely, conducting
classes, seminars, conferences and workshops for professional
basketball players in the field of finance, health,
communications and personal skills.”1

1 Serial No. 75/198,670, in International Class 41, filed November
15, 1996, based upon an allegation of a bona fide intention to use the
mark in commerce.
Serial No. 75/198,670
2
The Trademark Examining Attorney issued a final refusal to
register based upon Section 2(e)(1) of the Trademark Act, 15
U.S.C. §1052(e)(1), on the ground that applicant's proposed
mark, “LIFE READINESS PROGRAM,” when used on these educational
services, would be merely descriptive of applicant’s services.
Applicant has appealed the final refusal to register.
Briefs have been filed, but applicant did not request an oral
hearing. We affirm the refusal to register.
A mark is unregistrable under Section 2(e)(1) of the
Trademark Act as merely descriptive of the services with which
it is used if it immediately and forthwith conveys information
about the characteristics, features or functions of those
services. See In re Gyulay, 820 F.2d 1216, 3 USPQ2d 1009 (Fed.
Cir. 1987), and In re Abcor Development Corp., 588 F.2d 811, 200
USPQ 215 (CCPA 1978).
The Trademark Examining Attorney attached three separate
dictionary entries to the initial Office action. These entries
defining the words “life,” “readiness,” and “program.” The
Trademark Examining Attorney then argues that taking the
ordinary meaning of each of these entries singly and putting
them into a composite phrase, the resulting meaning is merely
descriptive of the goods.
Serial No. 75/198,670
3
Applicant, in turn, argues that one could not necessarily
discern the nature of these services from the word “program” as
used within this composite mark, that the LEXIS/NEXIS stories
having these three words together often refer to applicant’s
services, and that, indeed, the word “program” is not
consistently disclaimed in third parties’ federal registrations.
In analyzing the dictionary meanings of these three words,
we look at those that the Trademark Examining Attorney contends
describe applicant’s services:
LIFE:2 6 : a way or manner of living

2 Main Entry: life
1 a : the quality that distinguishes a vital and
functional being from a dead body b : a principle or force
that is considered to underlie the distinctive quality of
animate beings -- compare VITALISM 1 c : an organismic
state characterized by capacity for metabolism, growth,
reaction to stimuli, and reproduction
2 a : the sequence of physical and mental experiences
that make up the existence of an individual b : one or
more aspects of the process of living
3 : BIOGRAPHY 1
4 : spiritual existence transcending physical death
5 a : the period from birth to death b : a specific
phase of earthly existence c : the period
from an event until death d :
a sentence of imprisonment for the remainder of a convict’s
life
6 : a way or manner of living
7 : LIVELIHOOD
8 : a vital or living being; specifically : PERSON

9 : an animating and shaping force or principle
10 : SPIRIT, ANIMATION
11 : the form or pattern of something existing in
reality
12 : the period of duration, usefulness, or popularity
of something
Serial No. 75/198,670
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READINESS:3 the noun form of the word “ready,” which
in turn is defined as, 1 a : prepared mentally or
physically for some experience or action
PROGRAM:4 4 : CURRICULUM

13 : the period of existence (as of a subatomic
particle) -- compare HALF-LIFE
14 : a property (as resilience or elasticity) of an
inanimate substance or object resembling the animate
quality of a living being
15 : living beings (as of a particular kind or
environment)
16 a : human activities b : animate activity and
movement c : the activities of a given
sphere, area, or time
17 : one providing interest and vigor
18 : an opportunity for continued viability
19 capitalized, Christian Science : GOD 1b
20 : something resembling animate life
3 Main Entry: ready
1 a : prepared mentally or physically for some
experience or action b : prepared for immediate use

2 a : willingly disposed : INCLINED b : likely to do something indicated
3 : displayed readily and spontaneously
4 : immediately available
synonym see QUICK
Œ read·i·ness noun
4 Main Entry: pro·gram
1 [Late Latin programma, from Greek] : a public notice
2 a : a brief usually printed outline of the order to
be followed, of the features to be presented, and the
persons participating (as in a public performance) b : the
performance of a program; especially : a performance
broadcast on radio or television
3 : a plan or system under which action may be taken
toward a goal
4 : CURRICULUM
5 : PROSPECTUS, SYLLABUS
6 a : a plan for the programming of a mechanism (as a
computer) b : a sequence of coded instructions that can be
inserted into a mechanism (as a computer); also : such a
sequence that is part of an organism’s genotype or
behavioral repertoire
Serial No. 75/198,670
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To the extent applicant has designed a “work readiness
curriculum,” we find that designation totally interchangeable
with “work readiness program.” Merely stringing these three
definitions together, one derives the following: a curriculum
for preparing individuals mentally or physically for a way or
manner of living. In the context of applicant’s educational
services, this seems to describe the conducting of classes,
seminars, conferences and workshops (a “program” or
“curriculum”) for professional basketball players in the field
of finance, health, communications and personal skills (life
readiness).
As discussed above, we are convinced that the dictionary
definition of the constituent terms of this mark support a
conclusion that the meaning of the disputed phrase as a whole is
descriptive. However, our decision does not rest solely on this
conclusion, since as the Trademark Examining Attorney also
points out, by disclaiming “LIFE READINESS,”, applicant has
conceded that this component of the mark is descriptive. While
applicant argues that placing this term before the word
“PROGRAM” creates a valid source identifier, the Trademark
Examining Attorney claims that this designation in its entirety
is merely descriptive of these services. In support of this
conclusion, the Trademark Examining Attorney also argues that
many similar registrations on both the Principal Register and on
Serial No. 75/198,670
6
the Supplemental Register having the word “Program” as the
terminal word also have a disclaimer of the word “Program.”
Given that applicant has voluntarily disclaimed the term
“life readiness,” there does not seem to be any disagreement
that this term is descriptive of the goal of the curriculum – a
goal obviously shared by applicant and the program participants.
Applicant’s argument is that when the term “life readiness” is
combined with the word “program,” it “…would take some
imagination to connect with educational services directed toward
professional basketball players.” (Applicant’s brief, p. 3).
For example, one might think the word program was being used in
the sense of “a brief printed outline of the order” of a public
presentation or “a performance broadcast by radio or
television.”
We should note that the question of whether a mark is
merely descriptive is not determined in the abstract –- i.e.,
the Trademark Examining Attorney does not need to be able to
guess, based solely upon the mark itself, what the services
might be. Rather, we ask in relation to specific services for
which registration is sought whether the mark immediately
conveys information about the nature of the services. See In re
Abcor Development Corp., supra ["GASBADGE" is merely descriptive
of device to determine and monitor personal exposure to gaseous
pollutants]; In re Eden Foods Inc., 24 USPQ2d 1757 (TTAB 1992)
Serial No. 75/198,670
7
["DOUBLE CERTIFIED ORGANIC," for pasta, is merely descriptive];
and In re American Screen Process Equipment Co., 175 USPQ 561
(TTAB 1972) ["CAM-LOK" is merely descriptive as applied to
screen printing frames].
Furthermore, in addition to the fourth entry under the word
“program,” namely “4. CURRICULUM,” as referenced by the
Trademark Examining Attorney, an earlier definition entry also
supports the conclusion that the word “program” is descriptive,
namely, “3. a plan or system under which action may be taken
toward a goal.” Either definition would seem to fit the mission
and activities of applicant. As noted, one does not need to be
able to identify in a vacuum which dictionary entry for the word
“program” applicant is to be judged by.
In terms of general English language construction and
modern usage, the words “life readiness” often seems to modify
another noun. For example, we would not be surprised to read
about “life readiness skills,” “life readiness issues,” a “life
readiness project,” etc.
Similarly, the last two words of this composite mark,
“readiness program,” also provide a natural combination of
words. Logically, any goal involving “readiness” usually
requires on-going activity, or a “program.” Linguistically, we
are accustomed to seeing “readiness program” in phrases like
Serial No. 75/198,670
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“Y2K Readiness Program,” “Job Readiness Program,” “Work
Readiness Program,” “Math Readiness Program,” etc.
Therefore, the mark “LIFE READINESS PROGRAM,” as applied to
“educational services, namely, conducting classes, seminars,
conferences and workshops for professional basketball players in
the field of finance, health, communications and personal
skills,” would immediately convey to potential clients that the
service involves a pre-planned curriculum for professional
athletes whose goal is to excel in real life beyond basketball.
Decision: The refusal of registration is affirmed inasmuch
as the term, “LIFE READINESS PROGRAM,” is held to be merely
descriptive of the identified services under Section 2(e)(1) of
the Trademark Act.
E. W. Hanak
T. J. Quinn
D. E. Bucher
Administrative Trademark Judges,
Trademark Trial and Appeal Board