Tek Experts Global Ltd

Trademark Trial and Appeal Board

Apr 8, 2021

88257320 (T.T.A.B. Apr. 8, 2021)

This Opinion is not a
Precedent of the TTAB

Mailed: April 8, 2021

UNITED STATES PATENT AND TRADEMARK OFFICE
_____

Trademark Trial and Appeal Board
_____

In re Tek Experts Global Ltd.
_____

Serial No. 88257312
Serial No. 88257320
_____

Michael C. Martensen of Martensen IP,
for Tek Experts Global Ltd.
Tina L. Snapp, Trademark Examining Attorney, Law Office 116,
Elizabeth Jackson, Managing Attorney.
_____

Before Kuhlke, Shaw and Goodman,
Administrative Trademark Judges.

Opinion by Goodman, Administrative Trademark Judge:
Tek Experts Global Ltd. (“Applicant”) seeks registration on the Principal Register
of the marks:
TEK EXPERTS (in standard characters)1 and

1 Application Serial No. 88257312, filed on January 10, 2019, based upon Applicant’s claim
of first use anywhere and use in commerce since at least as early as September 9, 2015 under
Section 1(a) of the Trademark Act, 15 U.S.C. § 1051(a).

Page references to the application record refer to the online database pages of the USPTO’s
Trademark Status & Document Retrieval (TSDR) system. References to the briefs on appeal
refer to the Board’s TTABVUE docket system.
Serial Nos. 88257312 and 88257320
- 2 -
2
both for the following services:
Technical support services, namely, troubleshooting of
computer software problems; technical support services,
namely, troubleshooting in the nature of diagnosing
computer hardware and software problems; technical
support services, namely, remote administration and
management of in-house and hosted datacenter devices;
technical support services, namely, technical advice
related to the repair of software; technical support services,
namely, technical advice related to the installation of
software; software design and development services;
computer software development; computer software
development and computer programming development for
others; development of software for secure network
operations; design and development of computer software;
design and development of on-line computer software
systems; computer software development in the field of
personnel management systems; computer software
development in the field of operational talent management
systems; software development for others in the field of
software configuration management; development,
updating and maintenance of software and database
system; design, development, and implementation of
software for personnel data management and personnel
utilization; design and development of computer software
for the improvements of purchasing functions of business;

2 Application Serial No. 88257320, filed on January 10, 2019, based upon Applicant’s claim
of first use anywhere and first use in commerce since at least as early as September 9, 2015
under Section 1(a) of the Trademark Act, 15 U.S.C. § 1051(a). The color(s) blue and black are
claimed as a feature of the mark. Applicant provided the following description of its mark:
“The mark consists of the stylized letter ‘X’ in upper case font in the color blue with the word
‘TEK’ in lower case font in the color black positioned to the right of the letter ‘X’ and the word
‘EXPERTS’ in lower case font in the color black positioned to the right of the letter ‘X’ and
under the work ‘TEK.’”

Page references to the application record refer to the online database pages of the USPTO’s
Trademark Status & Document Retrieval (TSDR) system. References to the briefs on appeal
refer to the Board’s TTABVUE docket system.

Serial Nos. 88257312 and 88257320
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developing computer software; developing customized
software for others; development of customized software
for others for use in risk assessment, information security,
business analysis, audit and audit planning, and sales
management; maintenance of computer software relating
to computer security and prevention of computer risks;
updating of computer software relating to computer
security and prevention of computer risks; application
service provider, namely, hosting, managing, developing,
analyzing, and maintaining applications, software, and
web sites, of others in the fields of employee productivity
and risk management; all of the aforementioned exclusive
of design and integration of internal computer and voice
technology systems in International Class 42.
The Trademark Examining Attorney refused registration of Applicant’s marks
under Section 2(e)(1) of the Trademark Act, 15 U.S.C. § 1052(e)(1), on the ground that
TEK EXPERTS is merely descriptive of the services identified in the applications.3
The standard character mark is refused in its entirety, and the composite mark is
refused absent a disclaimer of the wording “tech experts,” (the correct spelling for
TEK EXPERTS), under Section 6 of the Trademark Act, 15 U.S.C. § 1056.
When the refusals were made final, Applicant appealed and requested
reconsideration.4 After the Examining Attorney denied the requests for

3 The Examining Attorney initially issued a refusal to register under Section 2(d) in both
applications, but the refusals were withdrawn after Applicant submitted a consent
agreement in each application. See April 6, 2019 Office Action (Serial No. 88257312); April 2,
2019 Office Action (Serial No. 88257320); September 27, 2019 Responses to Office Actions
(Serial No. 88257312) and (Serial No. 88257320); November 18, 2019 Office Action (Serial
No. 88257312).
4 In a response to an office action in Serial No. 88257312, Applicant “petitioned to amend” to
the Supplemental Register if the refusal was maintained. The Examining Attorney provided
advisories that amendment to the Supplemental Register was available with a disclaimer of
“tech,” (the correct spelling for “tek”), and maintained and continued the Section 2(e)(1)
refusal. September 27, 2019 Response to Office Action at TSDR 7; April 6, 2019 Office Action
at TSDR 1; March 3, 2020 Office Action at TSDR 1. However, Applicant never maintained or
Serial Nos. 88257312 and 88257320
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reconsideration, the appeals were resumed. Applicant requested consolidation of the
appeals which was granted. 4-5 TTABVUE. Therefore, we decide both appeals in a
single opinion. In our discussion, all references to the record refer to the record of
Application Serial No. 88257312, unless we note otherwise. The appeal is fully
briefed.
We affirm the refusal to register Serial No. 88257312 on the Principal Register,
and the disclaimer requirement for Serial No. 88257320.
I. Mere Descriptiveness
Section 2(e)(1) of the Trademark Act, 15 U.S.C. § 1052(e)(1), prohibits the
registration of a mark which, when used on or in connection with the applicant’s
services, is merely descriptive of them.
“A term is merely descriptive if it immediately conveys knowledge of a quality,
feature, function, or characteristic of the goods or services with which it is used.” In
re Chamber of Commerce of the U.S., 675 F.3d 1297, 102 USPQ2d 1217, 1219 (Fed.
Cir. 2012) (quoting In re Bayer AG, 488 F.3d 960, 82 USPQ2d 1828, 1831 (Fed. Cir.
2007)); see also In re Gyulay, 820 F.2d 1216, 3 USPQ2d 1009, 1009 (Fed. Cir. 1987).
Descriptiveness is not considered in the abstract but is analyzed in relation to an
applicant’s identified goods or services, the context in which the term is being used,
and the possible significance that the term would have to the average purchaser
encountering the goods or services in the marketplace. In re Bayer, 82 USPQ2d at

renewed the request in subsequent responses or on reconsideration, and we consider the
request to amend to the Supplemental Register withdrawn.
Serial Nos. 88257312 and 88257320
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1831. The question is whether someone who knows what the goods or services are
will understand the term to convey information about them. DuoProSS Meditech
Corp. v. Inviro Med. Devices Ltd., 695 F.3d 1247, 103 USPQ2d 1753, 1757 (Fed. Cir.
2012).
When two or more merely descriptive terms are combined, the determination of
whether the composite mark also has a merely descriptive significance turns on
whether the combination of terms evokes a new and unique commercial impression.
If each component retains its merely descriptive significance in relation to the goods
or services, the combination results in a composite that is itself merely descriptive.
See, e.g., In re Oppedahl & Larson LLP, 373 F.3d 1171, 71 USPQ2d 1370, 1372, 1374
(Fed. Cir. 2004) (PATENTS.COM merely descriptive of computer software for
managing a database of records that could include patents and for tracking the status
of the records by means of the Internet).
Under Section 6(a) of the Act, “[t]he Director may require the applicant to disclaim
an unregistrable component of a mark otherwise registrable,” such as a component
which is merely descriptive under Section 2(e)(1). Failure to comply with a disclaimer
requirement is a basis for refusing registration. See In re Slokevage, 441 F.3d 957, 78
USPQ2d 1395, 1399-1400 (Fed. Cir. 2006); In re Stereotaxis, Inc., 429 F.3d 1039, 77
USPQ2d 1087, 1089 (Fed. Cir. 2005).
Serial Nos. 88257312 and 88257320
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II. Record Evidence
The record includes the following:5
Dictionary definitions submitted by both the Examining Attorney and Applicant.
Tech:
(noun) “technician”6
(noun) “technology”7
(abbreviation) 1) “technical, technically”; 2) “technological”;8
Technician:
“a person who studies, professes or practices technology.”9
“:a specialist in the technical details of a subject or occupation a
computer technician.”10

“skilled or familiar in a practical way with a particular art, trade etc.
as a person.”11

Technical:

5 Both the Examining Attorney and Applicant submitted duplicative evidence by
resubmitting evidence provided in an earlier office action or response. This was unnecessary.
6 October 20, 2020 Denial of Reconsideration at TSDR 77-78, Merriam-Webster Dictionary,
Merriam-webster.com; March 3, 2020 Office Action at TSDR 19, American Heritage
Dictionary, ahdictionary.com; April 6, 2019 Office Action at TSDR 15, Merriam-Webster
Dictionary, merriam-webster.com.
7 Id.
8 Id.
9 January 28, 2020 Response to Office Action at TSDR 59, Definitions, definitions.net; August
24, 2020 Request for Reconsideration at TSDR 63, Definitions, definitions.net. According to
this entry, a technician may be workers that are “highly skilled” or “semi-skilled.” Id.
10 January 28, 2020 Response to Office Action at TSDR 46 Merriam-Webster Dictionary,
merriam-webster.com; August 24, 2020 Request for Reconsideration at TSDR 50, Merriam-
Webster Dictionary, merriam-webster.com.
11 January 28, 2020 Response to Office Action at TSDR 41, Random House Unabridged
Dictionary, dictionary.com.
Serial Nos. 88257312 and 88257320
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“having special knowledge especially of a mechanical or scientific
subject, a technical expert.”12 (emphasis in original).

“Technical 1a: having special and unusually practical knowledge
especially of a mechanical or scientific subject a technical consultant;
2c: technological sense.”13

“of, relating to, or specializing in industrial, practical, or mechanical
arts and applied sciences: a technical institute.” 14

Technology:
“refers to methods, systems and devices which are the result of
scientific knowledge being used for practical purposes.”15

“electronic or digital products and systems considered as a group: a
store specializing in office technology.”16

Expert:
“a person who is very skilled at doing something or who knows a lot
about a particular subject.” 17

“a person who is very skillful or highly trained and informed in some
special field.”18

12 January 28, 2020 Response to Office Action at TSDR 33, Merriam-Webster Dictionary,
merriam-webster.com. This excerpt provides examples of “technical” in a sentence including
the following: “If you have any problems with your new computer, we offer 24-hour technical
support.” Id.
13 January 28, 2020 Response to Office Action at TSDR 29, 33, Merriam-Webster Dictionary,
merriam-webster.com.
14 January 28, 2020 Response to Office Action at 43, Random House Unabridged Dictionary,
dictionary.com; August 24, 2020 Request for Reconsideration at TSDR 47, Random House
Unabridged Dictionary, dictionary.com.
15 April 06, 2019 Office Action at TSDR 22, Collins Dictionary, collinsdictionary.com.
16 March 3, 2020 Office Action at TSDR 20, American Heritage Dictionary, ahdictionary.com.
17 March 3, 2020 Office Action at TSDR 21, Collins Dictionary, collinsdictionary.com.
18 March 3, 2020 Office Action at TSDR 24, Webster’s New World Dictionary, 4th Ed.,
collinsdictionary.com.
Serial Nos. 88257312 and 88257320
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“one with the special skill or knowledge representing mastery of a
particular subject.”19

“having, involving or displaying special skill or knowledge derived from
training or experience.” 20

Tek:
“may refer to ‘tech,’ ‘technology’ or ‘technician.’”21

Third-party registrations submitted by the Examining Attorney and Applicant.
The Examining Attorney submitted 22 third-party registrations to show the
Office’s treatment of the term “tek” as equivalent to the word “tech” and its treatment
of this term as merely descriptive; only five of the registrations offer services similar
to Applicant.22 The Examining Attorney also submitted four registrations that consist
of or incorporate the term TECH EXPERT or TECH XPERT to show that the Office
treats these marks/terms as merely descriptive; only one of these registrations offers
services similar to Applicant.23
Applicant submitted nine third-party registrations to counter this evidence,
although two of the registrations submitted are registrations also submitted by the
Examining Attorney that issued with a disclaimer of “tek” or under Section 2(f) (Tech

19 October 20, 2020 Denial of Reconsideration at TSDR 145, Merriam-Webster Dictionary,
merriam-webster.com; April 06, 2019 Office Action at TSDR 18, Merriam-Webster
Dictionary, merriam-webster.com.
20 Id.
21 April 6, 2019 Office Action at TSDR 14 Wikipedia.com; August 24, 2020 Request for
Reconsideration at TSDR 48, Wikipedia.com.
22 October 20, 2020 Denial of Reconsideration at TSDR 83-85, 136, 138 and 139-141.
23 Id. at TSDR 65-68, 69-70, 71-73, 74-76.
Serial Nos. 88257312 and 88257320
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Experts, disclaimer of “tech”).24 The other seven registrations are for marks that
contain either the term “expert” or “tek” and issued without disclaimers.
The Examining Attorney submitted evidence from third-party websites using the
terms “tech expert” including the following:
“Get Tech Expert Help in 6 Minutes”
Codementor is an on-demand marketplace for top Tech engineers,
developers, consultants, architects programmers and tutors. Get your
projects built by vetted Tech freelancers or learn from expert mentors
with team training & coaching experiences.25

Need Expert Tech Help? Whether you’re a novice learning a new device
or a power user looking to make the most of your technology, our trained
tech experts can help.26

Tech Expert Stories. Amazing support stories as told by our experts.27
Tech Expert to Leader: the Skills You Need for Successful Transition.28

“Book a Tech Expert”29
“Ask a Tech Expert” … Need Tech Help? … “Having trouble with Zoom.
… Wish you could have some expert advice from one of our Tech Trainers
via email? … PLEASE BE ADVISED THAT ALL TECH EXPERT
APPOINTMENTS WILL BE BY EMAIL DURING THE COVID-19
OUTBREAK.”30

24 August 24, 2020 Request for Reconsideration at TSDR 12-31.
25 October 20, 2020 Denial of Request for Reconsideration at TSDR 2; March 3, 2020 Office
Action at TSDR 2-5, Codementor.io.
26 October 20, 2020 Denial of Request for Reconsideration at TSDR 9; March 3, 2020 Office
Action at TSDR 11, starklibrary.org.
27 October 20, 2020 Denial of Request for Reconsideration at TSDR 12, Asurion, asurion.com.
28 October 20, 2020 Denial of Request for Reconsideration at TSDR 31, executiveeducation.
wharton.upenn.edu.
29 October 20, 2020 Denial of Request for Reconsideration at TSDR 34, jblm.armymwr.com.
30 October 20, 2020 Denial of Request for Reconsideration at TSDR 39, heightslibrary.org.
Serial Nos. 88257312 and 88257320
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“Ask a Tech Expert.” “Struggling to help your child navigate online
learning? Britannica experts offer tips and advice for troubleshooting
tech issues and helping your child learn to solve problems
independently.”31

The business named “Networks of Florida” self-identifies as
“Information Technology Experts,” and offering “Hassle Free Support.
They will “work with you and your team to resolve the technology
issue.”32

Linkedin Page of Andrew Burrows “Information Technology Expert”
offers “Expert level troubleshooting with language you can understand.
Expedient, concise, and respectful computer support on time, all the
time.”33

Tech help on your terms. Our experts are just a click or visit away. We
provide easy instant access to a community of tech experts to solve any
technology issue you could ever have with almost any device you’ll ever
own. … Connect with a live tech expert in seconds for instant tech help
by phone or chat. … Our community of tech experts work tirelessly to
exceed your expectations. They have the tools and tech knowledge to
solve your device problem in one contact.34

“Simply put we hire the best tech experts in the business. Most of our
technicians have over ten years of experience repairing PCs and Macs,
and solving home & commercial technology issues.35

Expert Tech Solutions Where & When You Need
Tech Support Expert Team provides you with the enterprise-level IT
support, maintenance, and protection for your computer systems and
network. … For Immediate Expert Tech Support Call Toll-Free … A
fully US based Technical Support Company 36

31 October 20, 2020 Denial of Request for Reconsideration at TSDR 41-42 parents.
britannica.com.
32 November 18, 2019 Office Action at TSDR 3-5, nof.com.
33 November 18, 2019 Office Action at TSDR 12, linkedin.com.
34 Serial No. 88257320, March 12, 2020 Office Action at TSDR 16-24, Asurion.com.
35 Serial No. 88257320, March 12, 2020 Office Action at TSDR 25-28, techhelpboston.com.
36 Serial No. 88257320, March 12, 2020 Office Action at TSDR 41, techsupportexpert.com.
Serial Nos. 88257312 and 88257320
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“Your 24/7 Personal Tech Expert”37

The Examining Attorney submitted news articles and features and a “question
and answer” website that use the term “tech expert” either in the body or title.
“Tech expert offers ways to improve your WiFi while learning remotely.”
Many parents have voiced concerns on the Western Mass News School
Authority hotline after WiFi signals dropped, forcing students out of
Zoom calls during class. Western Mass News spoke with a tech expert
to see what you can do to help. 38

“Is There a Tech Expert on Your Board of Directors?” Each of these areas
of the future of the company can be impacted/enhanced/supported by
technology. Be proactive, engage tech professionals at all levels of your
organization including your board.”39

Wireless tech expert says companies, government, need to address
privacy in home devices.40

Tech experts say advances in digital technology will hurt democracy.41

How can I become a tech expert and earn money with my tech
expertise?42

The Examining Attorney submitted web pages from Applicant’s website tek-
experts.com: 43

37 Serial No. 88257320, March 12, 2020 Office Action at TSDR 45, securityexpert.com.
38 October 20, 2020 Denial of Request for Reconsideration at TSDR 44-45, westernmass
news.com.
39 October 20, 2020 Denial of Request for Reconsideration at TSDR 59-61,
techsavvywomen.net.
40 October 20, 2020 Denial of Request for Reconsideration at TSDR 25, thehill.com.
41 Serial No. 88257320, March 12, 2020 Office Action at TSDR 29, axios.com.
42 Serial No. 88257320, March 12, 2020 Office Action at TSDR 47, quora.com.
43 October 20, 2020 Denial of Request for Reconsideration at TSDR 161-174; April 6, 2019
Office Action at TSDR 33. The Examining Attorney’s evidence of Applicant’s website was not
completely legible due to banners requesting acceptance of cookies, covering portions of text.
Serial Nos. 88257312 and 88257320
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“Effective and Seamless software support services delivered globally by
dedicated experts 24/7/365.”44
“Your customers will have the support of thousands of technical experts
around the world who are constantly being trained to deliver amazing
experiences while keeping up to date on the latest technologies and
product releases.” 45
“[W]e provide the skills and experience to support you for the immediate
and long-term and ensure your users have an expert team behind them
at all times.” 46
“Bilingual tech professionals.”47
“The people and technology behind amazing customer experiences.”48
Tek Experts provide the perfect blend of people and technology. We
develop software solutions that enable our people to deliver exceptional
services on behalf of our clients. We believe technology should be an
enabler to provide timely data and insight …”49
The web pages list “security software support” and “software support”
and “software development” as available services.50
“Our service is … delivered by a multi-lingual team of highly trained
experts …you can be sure your customers have a dedicated and highly
experienced team to rely on for technical support.”51

44 October 20, 2020 Denial of Reconsideration at TSDR 161.
45 Id. at 162.
46 Id.
47 Id. at TSDR 163.
48 Serial No. 88257312, April 6, 2019 Office Action at TSDR 33.
49 Id.
50 October 20, 2020 Denial of Reconsideration at TSDR 162, 166, 169.
51 Serial No. 88257320, March 12, 2020 Office Action at TSDR 11.
Serial Nos. 88257312 and 88257320
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III. Analysis
The term “tek” is recognized as an alternate spelling for “tech.”52 The term “tech”
is recognized as an abbreviation for “technical” or as referring to “technology” (noun).
Applicant’s promotional information contains references to the personnel it provides
in connection with its services as being knowledgeable about technology or in the tech
field, or technically adept. In particular, Applicant’s website states that Applicant
provides technical and technology services. Its web pages state that it “provides the
perfect blend of people and technology,” has “technical experts” and “tech
professionals” that “keep up to date on technology,” and that it offers “technical
support,” and technology-related services that include software support and software
development.
The term “expert” is defined as “a person who is very skillful or highly trained and
informed in some special field”53 and as a person “having, involving or displaying
special skill or knowledge derived from training or experience.”54 Applicant’s
promotional information contains references to its personnel as being experts. In
particular, Applicant’s web pages state that it has “dedicated experts,” “highly

52 October 20, 2020 Denial of Reconsideration at TSDR 83-85, 136, 138 and 139-141; April 6,
2019 Office Action at TSDR 14 Wikipedia.com; August 24, 2020 Request for Reconsideration
at TSDR 48, Wikipedia.com.
53 March 3, 2020 Office Action at TSDR 24, Webster’s New World Dictionary, 4th Ed.,
collinsdictionary.com.
54 October 20, 2020 Denial of Reconsideration at TSDR 145, Merriam-Webster Dictionary,
merriam-webster.com; April 06, 2019 Office Action at TSDR 18, Merriam-Webster
Dictionary, merriam-webster.com.
Serial Nos. 88257312 and 88257320
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trained experts,” and that it “provides the skills and experience … to support you …
and ensure your users have an expert team behind them.”
Based on the evidence of record, we find that the terms “tek” and “experts” are at
least merely descriptive terms when applied to Applicant’s services. We also find that
the combined term TEK EXPERTS also is as merely descriptive as the individual
terms. Our finding is supported by the Examining Attorney’s third-party website
evidence showing that “tech expert,” “technical expert,” and “technology expert” are
recognized terms to identify individuals that offer technical assistance and support
with technology issues. When the proposed mark is viewed in the context of
Applicant’s services, the term immediately informs prospective customers that
Applicant’s services are provided by persons having special skill or knowledge in
technology derived from their training or experience.
Applicant argues that “Tek Experts does not describe the services provided by the
Appellant but rather suggests an attribute of persons performing services” and
submits that TEK EXPERTS “does not begin to describe the nature, scope or extent
of the Appellant’s services.” 14 TTABVUE 12. Applicant relies on In re Marriott Corp.,
517 F.2d 1364, 186 USPQ 218 (CCPA 1975) which found registrable the slogan WE
SMILE MORE as describing a feature of persons performing the services and not the
services themselves. 14 TTABVUE 13.
However, we find that case distinguishable. A term “which describes the provider
of goods or services is also merely descriptive of those goods and services.” In re Major
League Empires, 60 USPQ2d 1059, 1060 (TTAB 2001). In this case, TEK EXPERTS
Serial Nos. 88257312 and 88257320
- 15 -
is a reference to Applicant’s employees and not a particular attribute of Applicant’s
employees. See e.g., In re Career Emp’t Servs., Inc., 219 USPQ 951 (TTAB 1983) (“THE
PROFESSIONAL HEALTH CARE PEOPLE” for providing temporary employment
services for nurses, nurses aids and other medical personnel is a generic reference to
Applicant’s employees consisting of people knowledgeable of the professional health
care field who provide suitable medical personnel to desiring individuals and
organizations). As to Applicant’s argument that TEK EXPERTS does not identify
features or characteristics of the services, the Board in Major League Empires, 60
USPQ2d at 1060 rejected this argument stating:
[T]o the extent that applicant is contending that a mark
which is descriptive of the provider of the goods or services
must also separately be merely descriptive of a different
characteristic of the goods or services, such a requirement
would appear to be redundant. Generally, if a mark is
merely descriptive of a characteristic of the goods or
services, there would be no need to reach the question of
whether the mark also describes the provider of the service.
The Examining Attorney submits that “due to the technical nature of the
applicant’s services, purchasers are very likely to associate the misspelled term
“TEK” with “tech” and “technical.”55 19 TTABVUE 7. However, Applicant argues that

55 See also October 20, 2020 Request for Reconsideration at TSDR 1, (“Based upon the
applicant’s own identification of its services, purchasers are most likely to associate the
misspelled term ‘TEK’ with ‘technical.’ ‘TEK’ is commonly used as an abbreviation for
‘technical.’”); March 12, 2020 Office Action at TSDR 1 and December 7, 2019 Office Action at
TSDR 1 in Serial No. 88257320 (same). However, in Serial No. 88257312, in the November
18, 2019 Office Action at TSDR 1 and the March 3, 2020 Office Action at TSDR 1, the
Examining Attorney stated “[t]he term “tek” is a misspelling of the term ‘tech’ and is an
abbreviation of the word ‘technology.’”
Serial Nos. 88257312 and 88257320
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the multiple meanings of “tek” results in TEK EXPERTS being incongruous and
illogical. 14 TTABVUE 15.
In particular, Applicant submits that “[c]learly Tek may suggest tech or Tec or
technical or technology or technician,” resulting in the designation being suggestive
rather than descriptive because “the mark requires thought and imagination and
[multi-stage reasoning] by the consumer to make any connection between the
computer support services offered by the Appellant and the individuals providing
such services as suggested by the Tek Experts and X Tek Experts marks.” 14
TTABVUE 16. As a result, Applicant submits that TEK EXPERTS is suggestive, not
descriptive, which also eliminates the need for a disclaimer in Serial No. 88257320.
14 TTABVUE 15.
While we recognize that, as Applicant points out, the word “tek,” may have
meanings such as “tech”, “technology,” “technical,” and “technician” relative to the
identified services, these meanings also are descriptive of a characteristic of
Applicant’s services i.e., a technical expert is one that has mastery and special
knowledge and special skill in the technological sense,56 a technology expert is one
that has mastery and special knowledge and skill relating to technology, and an
expert technician is a “very skillful or highly trained and informed” “person who

56 January 28, 2020 Response to Office Action at TSDR 29, 33, Merriam-Webster Dictionary,
merriam-webster.com. We take judicial notice that a synonym for technical is technological.
Collins Dictionary. https://www.collinsdictionary.com/us/dictionary/english-theasarus.
(accessed April 1, 2021). The Board may take judicial notice of information in a thesaurus.
See In re Wells Fargo & Co., 231 USPQ 116, 117 (TTAB 1986).
Serial Nos. 88257312 and 88257320
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studies, professes or practices technology.”57 A term that has multiple meanings, all
of which are merely descriptive of the goods or services, remains merely descriptive
within the meaning of Section 2(e)(1). See In re Carlson, 91 USPQ2d 1198, 1201
(TTAB 2009). Simply put, all of these meanings merely describe the providers of
Applicant’s services.
Applicant also submits that the words “technician,” “technology” or “technical” do
not necessarily connote mastery of the subject matter making the designation TEK
EXPERT incongruous:
A technician or the word technology or even the word
technical has a connotation of general skills or subject
matter gained through practical knowledge. Technical
relates generally to a particular subject matter whereas an
expert possesses a mastery of a particular topic. For
example, a mechanic is a technician but not always expert
and the mechanic may have technical skills in the
automotive industry but not necessarily [be] an automotive
expert. The contrast between Tek and Experts gives the
mark an incongruous and otherwise non-descriptive
meaning of individuals performing a craft. 14 TTABVUE
15.
However, whether someone with technical or technological skills could be semi-
skilled rather than highly skilled is irrelevant. This argument ignores the fact that
our analysis regarding whether wording is merely descriptive is not determined in
the abstract, but in relation to the services for which registration is sought and the
context in which it is being used on or in connection with the services. In re Polo Int’l

57 January 28, 2020 Response to Office Action at TSDR 59, www.definitions.net; August 24,
2020 Request for Reconsideration at TSDR 63; March 3, 2020 Office Action at TSDR 24,
Webster’s New World Dictionary, 4th Ed., collinsdictionary.com.
Serial Nos. 88257312 and 88257320
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Inc., 51 USPQ2d 1061, 1062 (TTAB 1999); In re Bright-Crest, Ltd., 204 USPQ 591,
593 (TTAB 1979). In this case, Applicant’s materials from its website reflect that
Applicant is offering highly skilled personnel with technical and technological
knowledge in connection with its computer support services.58 Therefore, the
combined terms do not create a non-descriptive or suggestive meaning.
Finally, we find nothing incongruous in the term TEK EXPERTS. The third-party
website evidence shows that “tech expert” has a specific meaning, and “technical
expert” is used as an example in the dictionary definition as well as used in
Applicant’s own promotional materials.59 In addition, even if we consider the term
“tek experts” to convey the term “technician experts,” there is nothing incongruous in
the transposition of these terms. See In re Away Chem. Corp., 217 USPQ 275, 276
(TTAB 1982) (“[T]he transposition of ‘tablets for pans’ to ‘pan-tablets’” is insufficient
to overcome “basic descriptive cast” of the involved mark); and In re Dairimetrics,
Ltd., 169 USPQ 572, 573 (TTAB 1971) (ROSE MILK, though not found in any
dictionaries, is synonymous in meaning to “recognized descriptive name” “Milk of
Roses” for a rose scented cosmetic preparation). See also In re B. C. Switzer & Co.,
211 USPQ 644, 645 n.4 (TTAB 1981) (“The fact that ‘sociographics’ is the pluralized
adjectival rather than the grammatically correct noun form does not obviate its
genericness”).

58 October 20, 2020 Denial of Request for Reconsideration at TSDR 161-174.
59 See e.g., October 20, 2020 Denial of Request for Reconsideration at TSDR 2, 9, 12, 39, 41-
42, November 18, 2019 Office Action at TSDR 3-5, 12; January 28, 2020 Response to Office
Action at TSDR 33, Merriam-Webster Dictionary, merriam-webster.com; October 20, 2020
Denial of Reconsideration at TSDR 162, tek-experts.com.
Serial Nos. 88257312 and 88257320
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Applicant also argues that TEK EXPERTS is a double entendre in that the terms
may be interpreted as either “a collective group of specialists” or as “a headhunter
firm or a hiring service for finding technical or technology experts.” 14 TTABVUE 17-
18.
“For trademark purposes, a ‘double entendre’ is an expression that has a double
connotation or significance as applied to the goods or services.” In re Calphalon Corp.,
122 USPQ2d 1153, 1163 (TTAB 2017) (citing TRADEMARK MANUAL OF EXAMINING
PROCEDURE § 1213.05(c)). That a term may have other meanings in disparate,
unrelated contexts is not controlling. “[T]he multiple interpretations that [make] an
expression a ‘double entendre’ must be associations that the public would make fairly
readily, and must be readily apparent from the mark itself.” Id.
In this case, the only readily apparent meaning conveyed by Applicant’s mark, as
applied to its services, is that Applicant offers technical or technology experts in
connection with its services, and someone who knows what Applicant’s services are
will understand TEK EXPERTS to convey information about them. As stated, that
TEK EXPERTS may have another meaning in another context is not controlling, and
nothing about TEK EXPERTS readily or apparently evokes a headhunter firm or
staffing service for finding tech experts when considering the mark in relation to
Applicant’s services. See, e.g., In re Ethnic Home Lifestyles Corp., 70 USPQ2d 1156,
1158-59 (TTAB 2003) (“[I]n the context of applicant’s services, it is unlikely that
viewers or potential viewers of applicant’s programs will discern a double entendre
in the word ‘accents.’ To have a double entendre, both meanings must be readily
Serial Nos. 88257312 and 88257320
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apparent, but the meaning suggested by applicant is not apparent upon seeing the
mark in connection with the services.”).
Lastly, Applicant argues that the third-party registrations it submitted showing
marks on the Principal Register that include the term “tek” or “experts” for identical
or similar services without disclaimers demonstrates the Office’s practice of not
finding “tek” or “experts” merely descriptive of the services. 14 TTABVUE 18-19. The
Examining Attorney, on the other hand argues “the fact that third-party registrations
exist for marks allegedly similar to applicant’s mark is not conclusive on the issue of
descriptiveness.” 14 TTABVUE 18-19.
Only two third-party registrations support Applicant’s position regarding the
term “expert,” and only one third-party registration supports Applicant’s position
regarding “tek.” The other registrations either issued with disclaimers of the terms
“expert” or “tech,” issued on the supplemental register, or issued under Section 2(f)
with a disclaimer of “tech,” or are joined terms where no disclaimer of the term was
required. This evidence is countered by the Examining Attorney’s third-party
registration evidence of which we find probative five registrations containing the
term “tek” that issued with disclaimers of “tech” and one registration for TECH
EXPERT that issued under Section 2(f) with a disclaimer of “tech.”
The most that can be said of this evidence is that it is inconclusive. In fact, these
registrations highlight why prior decisions in other applications are not binding on
the Board and underscore the need to evaluate each case on its own record. In re Nett
Designs Inc., 236 F.3d 1339, 57 USPQ2d 1564, 1566 (Fed. Cir. 2001).
Serial Nos. 88257312 and 88257320
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IV. Conclusion
We conclude that, when used in connection with Applicant’s services, the term
TEK EXPERTS is merely descriptive.
Decision: We affirm the refusal to register the mark in application Serial No.
88257312 on the ground that TEK EXPERTS is merely descriptive of Applicant’s
services under Trademark Act Section 2(e)(1).
We affirm the refusal to register Applicant’s mark in
application Serial No. 88257320 based on the requirement, made under Trademark
Act Section 6(a), for a disclaimer of the wording “Tech Experts.”
However, if Applicant submits a disclaimer of “Tech Experts” to the Board within
thirty days of the mailing date of this decision, the requirement for the disclaimer in
application Serial No. 88257320 will have been met and the application will proceed.
Trademark Rule 2.142(g), 37 C.F.R. § 2.142(g); TRADEMARK TRIAL AND APPEAL BOARD
MANUAL OF PROCEDURE § 1218 (2020).60

60 The disclaimer should read as follows: “No claim is made to the exclusive right to use “tech
experts” apart from the mark as shown.”
If a disclaimer is required of words that are misspelled in the mark, the applicant must
disclaim the words as properly spelled. See In re Carlson, 91 USPQ2d at 1203-04
(URBANHOUZING in mark descriptive of real estate services; proper disclaimer would be of
the term “URBAN HOUSING”).