Frederick C. Walsh

Trademark Trial and Appeal Board

Jun 18, 1999

No. 75049576 (T.T.A.B. Jun. 18, 1999)

Paper No. 12
ejs
THIS DISPOSITION IS NOT
CITABLE AS PRECEDENT OF THE TTAB JUNE 15, 99
U.S. DEPARTMENT OF COMMERCE
PATENT AND TRADEMARK OFFICE
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Trademark Trial and Appeal Board
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In re Frederick C. Walsh
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Serial No. 75/049,576
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Donna M. Weinstein of Fish & Richardson, PC for Frederick
C. Walsh
Henry S. Zak, Senior Examining Attorney, Law Office 108
(David Shallant, Managing Attorney)
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Before Seeherman, Quinn and Bucher, Administrative
Trademark Judges.
Opinion by Seeherman, Administrative Trademark Judge:
Frederick C. Walsh has appealed from the refusal of
the Senior Trademark Examining Attorney to register MOVING
RESOURCES for the following services:
Moving and relocation consulting
services
Commercial and residential moving
services, namely, furniture moving,
moving van services, moving van
transport, packing articles for
Ser. No. 75/049,576
2
transportation, warehouse storage
services.
Packing materials supply services.1
The application is based on an asserted intent-to-use the
mark in commerce.
Registration has been refused pursuant to Section
2(e)(1) on the ground that applicant’s mark is merely
descriptive of applicant’s services.
Applicant and the Examining Attorney filed briefs. An
oral hearing was not requested.
We affirm the refusal.
A term is merely descriptive within the meaning of
Section 2(e)(1) if it immediately conveys knowledge of the
ingredients, qualities, or characteristics of the goods [or
services] with which it is used. In re Gyulay, 820 F.2d
1216, 3 USPQ2d 1009 (Fed. Cir. 1987).
The Examining Attorney contends that MOVING RESOURCES
is merely descriptive because the term describes a feature
of the services, namely, providing a source of supply and
support and a measure of expertise in the field of moving
and relocation. In support of this position, the Examining
Attorney points to the dictionary definitions of resource
as meaning "a source of supply or support: an available

1 Application Serial No. 75/049,576, filed January 29, 1996.
Ser. No. 75/049,576
3
means--usu. used in pl.; a source of information or
expertise,"2 which he has made of record. Thus, he asserts
that the words MOVING RESOURCES "immediately and
unambiguously inform a viewer about the nature of the
services rendered--providing resources, both material and
consultative, for the activity of moving households or
businesses." Brief, p. 2.
Applicant argues that the word "resources" as used in
the mark could suggest virtually any good or service that
might help facilitate a move, and therefore that MOVING
RESOURCES has an indefinite connotation and is only
suggestive, not merely descriptive. In response to this
argument, the Examining Attorney has made of record
numerous third-party registrations for marks which include
the word RESOURCES in which this word has been disclaimed.
These registrations are for a variety of services,
including services similar to applicant’s, including RMR
RELOCATION MANAGEMENT RESOURCES, INC. for moving and
relocation services for household goods and business
furnishings; MOBILITY RESOURCES for relocating services and
consulting services related thereto; and ADVANTAGE
RESOURCES for job outplacement services, business
relocation services, personal relocation services, namely,

2 Webster’s New Collegiate Dictionary.
Ser. No. 75/049,576
4
spousal relocation. The Examining Attorney contends that
these registrations show RESOURCES has consistently been
treated as a descriptive word, and not the imprecise
indefinite term which applicant asserts it to be.
We find that MOVING RESOURCES, when used in connection
with moving and relocation consulting services, commercial
and residential moving services, and packing materials
supply services, directly conveys information concerning a
feature or characteristic of these services. The
definition of "resources" includes the providing of
information, expertise, supplies and support, the very
services applicant provides in connection with moving, such
that when the words MOVING and RESOURCES are combined as
MOVING RESOURCES, it immediately conveys to consumers what
the nature of applicant’s services is.
Decision: The refusal of registration is affirmed.
E. J. Seeherman
T. J. Quinn
D. E. Bucher
Administrative Trademark Judges
Trademark Trial and Appeal Board