Purvis Industries, LTD

Trademark Trial and Appeal Board

Apr 29, 2013

No. 85200435 (T.T.A.B. Apr. 29, 2013)

THIS OPINION IS NOT A
PRECEDENT OF THE TTAB

Mailed: April 29, 2013

UNITED STATES PATENT AND TRADEMARK OFFICE
_____

Trademark Trial and Appeal Board
_____

In re Purvis Industries, LTD
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Serial Nos. 85200435 and 85200445
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Theodore F. Shiells of the Shiells Law Firm P.C. for Purvis Industries, LTD.

William Breckenfeld, Trademark Examining Attorney, Law Office 116 (Michael
Baird, Managing Attorney)
_____

Before Zervas, Wellington, and Shaw, Administrative Trademark Judges.

Opinion by Shaw, Administrative Trademark Judge:
Applicant, Purvis Industries, LTD filed two applications to register on the
Principal Register the marks LIFECYCLE in standard characters and LIFECYCLE
IMPROVEMENT with the following design,

Serial Nos. 85200435 and 85200445
2

for goods identified as: “software for maintaining conveyor systems,” in
International Class 9.1 Applicant has disclaimed the term IMPROVEMENT in
application Serial No. 85200435.
Registration has been finally refused as to the mark in application Serial No.
85200445 under Section 2(e)(1) of the Trademark Act, 15 U.S.C. § 1052(e)(1), on the
ground that the mark is merely descriptive of applicant’s goods. Similarly,
registration has been finally refused as to the mark in application Serial No.
85200435 pursuant to Section 6(a) of the Trademark Act, 15 U.S.C. § 1056(a), based
on applicant’s failure to comply with the requirement to disclaim the wording
“LIFECYCLE” on the ground that the wording is merely descriptive of applicant’s
goods within the meaning of Section 2(e)(1) of the Trademark Act.
Applicant has appealed the refusal to register both applications and the
appeals are fully briefed. Because the refusals to register are based upon common
issues of law and fact, as well as essentially identical records and briefs, they are
hereby consolidated, and we will address them in a single opinion. Citations to the
briefs refer to the briefs filed in application Serial No. 85200445, unless otherwise
noted; however we have, of course, considered all arguments and evidence filed in
each case.
A term is deemed to be merely descriptive of goods or services, within the
meaning of Section 2(e)(1), if it forthwith conveys an immediate idea of an
ingredient, quality, characteristic, feature, function, purpose or use of the goods or

1 Application Serial Nos. 85200445 and 85200435, filed on December 17, 2010, based on a
bona fide intent to use the marks under Section 1(b) of the Trademark Act, 15 U.S.C.
§ 1051(b).
Serial Nos. 85200435 and 85200445
3

services. See, e.g., 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). A
term need not immediately convey an idea of each and every specific feature of the
applicant’s goods or services in order to be considered merely descriptive; it is
enough that the term describes one significant attribute, function or property of the
goods or services. See In re H.U.D.D.L.E., 216 USPQ 358 (TTAB 1982); In re
MBAssociates, 180 USPQ 338 (TTAB 1973).
Whether a term is merely descriptive is determined not in the abstract, but
in relation to the goods or services for which registration is sought, the context in
which it is being used on or in connection with those goods or services, and the
possible significance that the term would have to the average purchaser of the goods
or services because of the manner of its use. That a term may have other meanings
in different contexts is not controlling. In re Bright-Crest, Ltd., 204 USPQ 591
(TTAB 1979).
The Examining Attorney argues that the wording LIFECYCLE describes the
subject matter of the identified goods because the software “will preserve conveyors
from failure or decline thereby monitoring, improving or extending the LIFECYCLE
of conveyors.”2 In support of his refusal, the Examining Attorney relies on the
following:
A. Dictionary definitions of “life cycle,” including:

2 Examining Attorney’s Br. in Serial No. 85200435 at 4.
Serial Nos. 85200435 and 85200445
4

• “A series of stages through which something (as an individual, culture, or
manufactured product) passes through its lifetime.” Merriam-Webster’s
Online Dictionary (www.merriamwebster.com).
• “The length of time that something lasts or remains useful.” Macmillan
Dictionary (www.macmillandictionary.com).
B. Excerpts from third-party internet websites and online publications where
the term “life cycle” or “lifecycle” is used in connection with conveyor products
and systems, including:
• An article in www.bulk-solids-handling.com on November 25, 2010 titled
The Challenge of minimising Conveyor Life Cycle Costs and stating in
part, “In view of full life cycle costs, conveyor designers must consider
minimising the time required for maintenance and the associated cost,
and not just the initial cost. The best approach is to develop a structure
that suits the maintenance work from the start of the design, rather than
work out the maintenance procedures after the structure is
designed. . . . The challenge for a conveyor designer is to minimise the life
cycle cost of the conveyor including the maintenance cost.”
• An article published in Food Engineering on May 1, 2011, and stating, in
part, “Conveyor systems have a long lifecycle, and to extend their life
further and avoid new installation costs, a number of options are
available. First a conveyor can be modernized by changing the rollers.
Worn rollers can produce a lot of noise and damage the side frames. . . .”
• An article published in Medical Design on October 12, 2010, discussing an
electromagnetically driven conveyor and stating, in part, “operating and
maintenance costs are lower, so the ROI is typically five years or less.
Lack of moving parts reduces downtime, cuts the need for inventory, and,
ultimately, results in a longer lifecycle. . . .”
• A press release published in The National Provisioner on October 1, 2009,
and stating, in part, “Companies around the world depend on Ashworth’s
quality products, reliable customer service, and innovative solutions to
maximize throughput and minimize lifecycle costs. With over 60 years of
innovating the future of conveyor belts, Ashworth continues to lead the
market with the most conveyor belt patents in the food processing, can
making, and material handling industries.”
• An article published in the Engineering and Mining Journal of June 2010,
discussing design trends in conveyor systems and stating, in part, “even
though evolving design trends for conveyor systems increasingly focus on
Serial Nos. 85200435 and 85200445
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life cycle costs and sustainability, many systems are still purchased on
the basis of lowest price, rather than lowest costs.”
• An article published in Assembly magazine on April 1, 2010 discussing
conveyor maintenance and stating, in part, “On a quarterly basis,
maintenance technicians should inspect the conveyor chain for stretching
and wear. As a chain expands, the chain and corresponding drive
sprockets wear in unison. But since the sprockets will reach the end of
their life cycle and be replaced before the chain, the new sprockets will
stretch the chain at a faster pace due to the disagreement in pitch length.”
• An article published in Rubber & Plastic News on January 25, 2010
discussing a joint venture between a conveyor system manufacturer called
Veyance and an unnamed Chinese “belt” maker and stating, in part, that
the joint venture will “give Veyance the ability to manage the entire
life cycle of conveyor belts.”
• An article published in the Engineering and Mining Journal of June 2010,
discussing conveyor systems offered by Siemens AG and stating, in part,
“There is more to successful supply than just getting the system up and
running. Lifecycle services provided by Siemens ensure that high-
performance levels are maintained across the conveyor’s entire life cycle.
Through a program of timely maintenance, the conveyor can be kept at
the cutting edge of technology.”
According to the Examining Attorney, this evidence “shows that the
LIFECYCLE of conveyors is a critical factor in their construction and maintenance”
and demonstrates that the term LIFECYCLE “unambiguously references the
service life of a product.”3 That is, throughout a conveyor system’s “lifecycle,”
periodic maintenance, repairs, and even upgrades should be performed to ensure
that the full service life of the product is received. Thus, when used on “software for
maintaining conveyor systems,” LIFECYCLE is descriptive of a feature of the goods,
namely that the software “will improve, extend or monitor the “lifecycle” of conveyor
systems.”4

3 Examining Attorney’s Br. at 6.
4 Final Office Action dated October 11, 2011.
Serial Nos. 85200435 and 85200445
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Applicant, on the other hand, argues that
the term “LIFECYCLE” does not state or imply that the
software will “improve, extend or monitor” the “lifecycle” of
conveyors nor does it merely describe any feature of the
software for the customer. To the contrary, at best, the term
“LIFECYCLE” as applied to conveyors would simply suggest
that it has something to do with the life or the existence of
conveyors.5
In support of registration, applicant relies on the following:
A. Excerpts from four third-party internet websites where the term “life cycle”
or “lifecycle” is used in connection with a variety of goods and services,
including:
• A web page from a company called LIFE CYCLE ENGINEERING,
available at www.lce.com, and stating, inter alia,
Life Cycle Engineering provides consulting, engineering,
applied technology and education solutions that deliver
lasting results for private industry, public entities,
government organizations and the military. The quality,
expertise and dedication of our employees enables Life
Cycle Engineering to serve as a trusted resource for
reliability consulting and services, applied information
technology solutions, engineering and technical services,
integrated logistics support services, program support
services and education.
• A web page from a bicycle-focused charity fundraising organization called
LIFECYCLE, available at www.lifecycleinc.org, and describing itself as “a
Rhode Island-based non-profit organization that promotes healthy, active
living and supports local healthcare.”
• A web page from a bicycle-touring company called LIFECYCLE
ADVENTURES, available at www.lifecycleadventures.com, stating that it
“creates custom bike tours in California, Oregon, Hawaii and Maine for all
levels of rider.”
• A web page offering financial advice and information titled LIFECYCLE
INVESTING, available at www.lifecycleinvesting.net, and stating, inter

5 Applicant’s Br. at 2.
Serial Nos. 85200435 and 85200445
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alia, “Lifecycle Investing develops a strategy to better spread risk over
your working lifetime—that is, diversifying over time.”
B. Copies of nine third-party trademark registrations featuring the term
“lifecycle” registered on the principal register for a variety of goods or
services:
• Registration No. 3981589 for the mark “LifeCycle” for “Bottles, sold
empty; Plastic water bottles sold empty; Reusable plastic water bottles
sold empty; Reusable stainless steel water bottles sold empty; Sports
bottles sold empty; Vacuum bottles,” in International Class 21.
• Registration No. 3120123 for the mark “LIFECYCLE” for “plastic and
wood composite building materials, namely composite lumber for decking
and fencing,” in International Class 19.
• Registration No. 2398524 for the mark “LIFECYCLE” for “Electric
Storage batteries,” in International Class 9.
• Registration No. 2954623 for the mark “LIFECYCLE” for, inter alia,
“Computer software CD-ROM and accompanying user manuals used to
provide, manipulate and extrapolate data and information pertaining to
the pharmaceutical, medical and healthcare industries,” in International
Class 9.
• Registration No. 3406829 for the mark “ADVISOR LIFECYCLE” for, inter
alia, “Advice in the field of business management and marketing” and
“business organization advice,” in International Class 35.
• Registration No. 3937460 for the mark “Broadband Lifecycle” for,
“Business consulting and information services; Business consulting
services in the field of broadband deployments,” in International Class 35.
• Registration No. 3399617 for the mark “PRACTICE LIFECYCLE” for,
“Advise in the field of business management and marketing, namely,
advertising, promotion, marketing and business strategy for financial
advisors, investment advisors, accountants and attorney; professional
business consultation; business organization advice, namely, providing
critical information to business professional who need to make decisions
for near term and long term strategic planning,” in International Class 35.
• Registration No. 2880368 for the mark “LITIGATION LIFECYCLE” for,
“Litigation support services namely coding, imaging and copying of
litigation related documents for others, conducting legal research,
preparation of courtroom graphics and presentations, preparing litigation
software for use by others, facilitating strategic communications among
legal resources,” in International Class 42.
Serial Nos. 85200435 and 85200445
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• Registration No. 3658333 for the mark “Lifecycle Effectiveness Services”
for, inter alia, “Computer software design, computer programming, and
maintenance of computer software for productivity growth; consultancy
and advice relating to designing of machines and systems for productivity
growth; remote monitoring services for computers,” in International Class
42.
While the Examining Attorney’s evidence is somewhat limited, it
nevertheless establishes that LIFECYCLE is merely descriptive in connection with
“software for maintaining conveyor systems.” The dictionary definitions establish
that the term “lifecycle,” when used in connection with manufactured goods refers
to the “series of stages through which the product passes through its lifetime.”6 The
internet evidence shows that owners of conveyor systems spend significant time and
effort to maximize the “lifecycle” of their conveyor systems, especially by conducting
regular maintenance and upgrades. For example, the article in Engineering and
Mining Journal explains that Siemens AG provides “Lifecycle services [to] ensure
that high-performance levels are maintained across the conveyor’s entire life cycle.
Through a program of timely maintenance, the conveyor can be kept at the cutting
edge of technology.” Similarly, the excerpt from Food Engineering demonstrates
that periodic maintenance and replacement of parts is integral to extending
conveyor lifecycles: “[c]onveyor systems have a long lifecycle, and to extend their life
further and avoid new installation costs, a number of options are available. First a
conveyor can be modernized by changing the rollers. Worn rollers can produce a lot
of noise and damage the side frames. . . .”

6 Merriam-Webster’s Online Dictionary.
Serial Nos. 85200435 and 85200445
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In light of the Examining Attorney’s evidence, it is clear that the term
LIFECYCLE as used on “software for maintaining conveyor systems” describes a
“function, or purpose, or use of the goods,” namely to improve or extend the
conveyor’s “lifecycle” by means of a computerized maintenance program. See Abcor,
200 USPQ at 217.
Applicant argues that “at best, the term ‘LIFECYCLE’ as applied to
conveyors would simply suggest that it has something to do with the life or the
existence of conveyors.”7 That is, the term “lifecycle” has such a broad meaning
that it could refer to a variety of software products relating to conveyors systems
such as “software that enables computer control of a conveyor system,” or “software
be about the history of conveyor systems,” and the like. Thus, applicant argues, “a
consumer must either guess or use considerable imagination that software called
‘LIFECYCLE’ will ‘improve, extend or monitor’ conveyors (somehow).”8
We disagree. Descriptiveness is determined not in the abstract, but in
relation to the goods or services for which registration is sought. Bright-Crest, 204
USPQ at 593. Applicant’s argument ignores the specific wording of the
identification of goods which defines the function or purpose of the software. Thus,
applicant’s marks must be considered—not in connection with software generally—
but in connection with “software for maintaining conveyor systems.” The evidence
of record demonstrates that “lifecycle” has a clearly-understood meaning when used
in connection with conveyor systems. Accordingly, consumers seeing the term

7 Applicant’s Br. at 2.
8 Id. at 3.
Serial Nos. 85200435 and 85200445
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LIFECYCLE used on “software for maintaining conveyor systems” will immediately
understand that the purpose or function of the software is to improve or extend the
“lifecycle” of conveyor systems. This consumer understanding is even more likely
with applicant’s LIFECYCLE IMPROVEMENT mark which clearly informs the
consumer that the goods will “improve” the “lifecycle” of conveyor systems by means
of a computerized maintenance program.
A review of the third-party registrations submitted by applicant does not
compel a different conclusion. Most of these registrations are for goods or services
very different from the goods involved in this case, e.g., bottles, lumber, batteries,
business consulting, and litigation support. The remaining two registrations, albeit
for computer software or computer software related services but not in the conveyor
system or maintenance fields, are insufficient to overcome the Examining
Attorney’s prima facie showing of mere descriptiveness. It is well-settled that “[t]he
Board must decide each case on its own merits” and “the PTO’s allowance of such
prior registrations does not bind the Board.” In re Nett Designs, Inc., 236 F.3d 1339,
57 USPQ2d 1564, 1566 (Fed. Cir. 2001).
Similarly, the four internet websites submitted by applicant do not overcome
the Examining Attorney’s prima facie showing of mere descriptiveness. Two of the
websites use the term LIFECYCLE in connection with “bicycle” events which gives
LIFECYCLE a completely different connotation, i.e., an activity related to “cycling.”
The remaining two websites are equally unpersuasive. The “LIFE CYCLE
ENGINEERING” website appears to use the term “lifecycle” to describe the
Serial Nos. 85200435 and 85200445
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“engineering” and “applied technology” services offered by the identified company.
The “LIFECYCLE INVESTING” website appears to use the term “lifecycle” to refer
to an investment strategy to spread investment risk over an investor’s lifetime.
None of these uses suggest that “lifecycle” is not descriptive for applicant’s goods.
For the reasons set forth above, we find that the Examining Attorney has met
his evidentiary burden of showing that LIFECYCLE is merely descriptive of
applicant’s goods, as identified in the application, within the meaning of Section
2(e)(1).
Decision: The refusal to register under Section 2(e)(1) of the Trademark Act
in Serial No. 85200445 is affirmed. The refusal to register based on the
requirement for a disclaimer of LIFECYCLE in Serial No. 85200435 is also
affirmed. However, if applicant submits the required disclaimer of LIFECYCLE in
application Serial No. 85200435 within thirty days, this decision will be set aside
as to the affirmance of the disclaimer requirement.9

9 The standardized printing format for the required disclaimer in Serial No. 85200435 is as
follows: “No claim is made to the exclusive right to use LIFECYCLE IMPROVEMENT
apart from the mark as shown.” TMEP § 1213.08(a).