Beth Ann Wright

Trademark Trial and Appeal Board

Feb 13, 2012

No. 77848452 (T.T.A.B. Feb. 13, 2012)

Mailed: February 13, 2012

UNITED STATES PATENT AND TRADEMARK OFFICE
________

Trademark Trial and Appeal Board
________

In re Beth Ann Wright
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Serial No. 77848452
_______

Beth Ann Wright appearing pro se.

Linda M. Estrada, Trademark Examining Attorney, Law Office 104
(Chris Doninger, Managing Attorney).
_______

Before Quinn, Grendel, and Lykos, Administrative Trademark
Judges.

Opinion by Lykos, Administrative Trademark Judge:

Beth Ann Wright (“applicant”) filed an application to
register the mark TRANSLATIONAL EDUCATION MULTIMEDIA in standard
character form for, as amended, “publications, namely, articles,
brochures, booklets, and workshop materials, namely, printed
educational materials, all in the field of curriculum
development designed to show practitioners, academics, and
subject-matter experts ‘how-to’ apply theory to develop
evidence-based artifacts, tools, media, activities, and
curricula to improve competency skills” in International Class
16, and “training courses and consulting services in the field
THIS OPINION IS NOT A
PRECEDENT OF THE TTAB
Serial No. 77848452
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of designing and developing curriculum to accelerate development
of human mental faculties and performance related to competency
skills and ethical behaviors” in International Class 41.1
The Trademark Examining Attorney refused registration of
applicant’s mark 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 identified goods and services.
Upon final refusal of registration, applicant filed a
timely appeal and request for reconsideration.2 Both applicant
and the examining attorney filed briefs, and applicant filed a
reply. For the reasons discussed herein, the Board affirms the
refusal to register.
I. Applicant’s Brief
As a preliminary matter, we note that applicant’s appeal
brief does not conform with the requirements that the brief
“must be in at least 11-point type and double-spaced.” See
Trademark Rule 2.126(a)(b) made applicable by Trademark Rule
2.142(b)(2). Applicant’s brief is 22 pages long, and much of
the text, excluding quotations of relevant evidence, is single-
spaced. For example, pages 7-14 of applicant’s brief, which

1 Serial No. 77848452, filed October 14, 2009.

2 The examining attorney denied applicant’s request for reconsideration
with respect to the refusal to register the mark as merely descriptive
as to International Classes 16 and 41. A specimen refusal was
rendered moot by applicant’s deletion of International Class 35.
Serial No. 77848452
3
consist of applicant’s reproducing the arguments set forth in an
Office action response, are single-spaced. Indeed, such use of
single-spacing appears to be an effort to circumvent the 25-page
limitation on briefs set forth in Trademark Rule 2.142(b)(2).
While we acknowledge that applicant has chosen to appear
pro se in this proceeding, applicant has a duty to learn and
follow the applicable Trademark Rules of Practice and Board
procedure which are readily accessible on the USPTO web site at
www.uspto.gov, and fully explained in Chapter 1200 of the
Trademark Board Manual of Procedure (TBMP) (3d ed. 2011). Her
pro se status does not excuse her noncompliance with the rules.
In view of the foregoing, applicant’s brief is hereby
stricken, and has been given no consideration. Nonetheless, we
have exercised our discretion not to dismiss the appeal, but to
consider the appeal on the merits.3
II. Refusal to Register Under Section 2(e)(1)
The test for determining whether a mark is merely
descriptive is whether it immediately conveys information

3 During ex parte prosecution, applicant objected to the examining
attorney’s use of form paragraphs in Office actions. In addition,
applicant objected to the examining attorney’s evidence, particularly
from the Internet, as not properly made of record. Applicant’s
objections are unfounded. The Office actions in this case, including
the use of form paragraphs, are in complete compliance with the
procedural requirements set forth in the Trademark Board Manual of
Procedure, TMEP § 705 et seq.. Each excerpt of evidence obtained from
the Internet includes the complete URL address of the website as well
as the time and date the search was conducted in full accordance with
the procedures set forth in TMEP § 710.
Serial No. 77848452
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concerning a significant quality, characteristic, function,
ingredient, attribute or feature of the product or service in
connection with which it is used, or intended to be used. In re
Engineering Systems Corp., 2 USPQ2d 1075 (TTAB 1986); In re
Bright-Crest, Ltd., 204 USPQ 591 (TTAB 1979). It is not
necessary, in order to find a mark merely descriptive, that the
mark describe each feature of the goods or services, only that
it describe a single, significant ingredient, quality,
characteristic, function, feature, purpose or use of the goods
or services. In re Gyulay, 820 F.2d 1216, 3 USPQ2d 1009 (Fed.
Cir. 1987). 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 the 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., supra.
It is well settled that a term which merely describes the
subject matter of a publication is merely descriptive of the
publication, for purposes of Section 2(e)(1). See, e.g., In re
Waverly Inc., 27 USPQ2d 1620 (TTAB 1993)(MEDICINE merely
descriptive of journal); In re Women's Publishing Co., Inc., 23
Serial No. 77848452
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USPQ2d 1876 (TTAB 1992)(DECORATING DIGEST merely descriptive of
magazine).
We find that applicant's mark is a phrase which immediately
conveys to prospective purchasers a significant feature of the
identified goods and services, namely that applicant’s
publications as well as training and consulting services,
pertain to the field of “translational education” in
“multimedia” form. As explained further below, the record
reflects that “translational education” is an educational
concept referring to the transfer of academic or scientific
knowledge to practical fields of application. In addition, the
term “multimedia” is merely descriptive because the subject
matter of applicant’s publications includes how to design an
educational curriculum using multimedia materials and content.
Thus, the phrase “translational education multimedia” is merely
descriptive of the International Class 16 goods and
International Class 41 services because it refers to the subject
matter of applicant’s publications and training and consulting
services.
The record reflects the following definitions of
“translational”4 and “education:”

4 The examining attorney, in her appeal brief, requests that the Board
take judicial notice of the definition of “translational” from
wikitionary.com. Insofar, however, as no printed version of this
dictionary is available, the examining attorney’s request is denied.
See TBMP Section 1208.04 (3d ed. 2011) and cases cited therein.
Serial No. 77848452
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education 1. educating: the imparting and acquiring of
knowledge through teaching and learning, especially at a
school or similar institution 2. knowledge: the knowledge
or abilities gained through being educated 3. instruction:
training and instruction in a particular subject, e.g.
health matters. www.msnencarta.com.

translational, adjective of translation 3. change or
transference: a change in form or state, or transference
to a different place, office or sphere.
www.msnencarta.com.

Multiple definitions of the term “multimedia” have been made of
record, including the following:
multimedia 4. EDUCATION use of media in teaching: the use
of film, video, and music in addition to more traditional
teaching materials and methods. www.encarta.msn.com.

multimedia 1. the combined use of several media, as sound
and full-motion video in computer applications.
Dictionary.com.
MULTIMEDIA As the name implies, multimedia is the
integration of multiple forms of media. This includes
text, graphics, audio video, etc. For example, a
presentation involving audio and video clips would be
considered a “multimedia presentation.” Educational
software that involves animations, sound, and text is
called “multimedia software.” CDs and DVDs are often
considered to be “multimedia formats” since they can store
a lot of data and most forms of multimedia require a lot of
disk space. TechTerms.com Computer Dictionary.

In addition, the evidence obtained by the examining
attorney from third-party web sites supports a finding that
applicant’s mark is merely descriptive. As illustrated below,
the term “transactional education” is a term of art in the field
of education to describe the transfer of academic or scientific
knowledge into actual practice:
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Translational education research is the conversion of
scientific findings into information and tools that can be
used by teachers, parents and administrators to improve
student learning. www.designinstruction.com.

Translational education takes up the notion of
integrating basic research and practice out of a cross-
disciplinary perspective given that disciplinary
knowledge will no longer be sufficient to account for
the complexity of the encountered problem fields.
Persons trained in translational education will thus be
able to integrate several disciplinary knowledge
domains and translate new developments in basic
research to their application. Dieter Ferring,
Bridging education and training in aging and
disabilities: towards translational education, Int. J.
Integr. Care, Apr-June 2009.
www.ncbi.nim.nih.gov/pmc/articles/PMC2707538/.

While the term applies to many different fields, it is
frequently used in the fields of medicine and science.
The following illustrations below explain the concept of
“translational education” as applied to the medical and
scientific fields:
What is translational education? We offer just-in-time
education that reflects contemporary practice. We work
to enhance the likelihood that you will be able to
immediately translate what you learn into the care of
your patients.
http//www.evidenceinmotion.com/marketing.asp.

Translational Education in the MD Program: Educational
strategic planning at TUSM has moved into its next
major phase with the creation of three working groups
that will transform the Strategic Plan’s initial vision
into an innovative new curriculum for physicians
entering the workforce over the next decade and
beyond….The MedFoundations Working Group will develop
the framework to revamp the content, structure,
structure and teaching/learning/assessment methods of
the core requirements for preclerkship education within
a timeframe of 1.5-1.75 years and consider how these
Serial No. 77848452
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core requirements will be used and built upon across
the clinical years.
www.tufts.edu/med/about/strategicplan/progress/2006-
06.html.

[The Stanford Center for Clinical and Translational
Education and Research] uses the outstanding and
diversified interdisciplinary resources of the
University to streamline, accelerate, and promote the
translation of basic discoveries into practical
solutions that improve human health in the community,
and to educate the next generation of clinical and
translational research (CTR) leaders.
http://sccter.standford.edu.

The Harvard Catalyst Colloquium Series has provided an
important forum for scientific and educational exchange
at the cutting edge of clinical and translational
research….Presentations have been organized around
seven main topic areas: Discovery in translational
medicine; Translational and emerging technologies…;
Ethics in clinical and translational research…
www.catalyst.harvard.edu.

A broad array of primary care, specialty and
subspecialty topics, scientific and translational
education in all fields of medicine and patient care
are designed to identify a gap in knowledge or
performance defined as the difference between current
practice and best or evidence based practice.
http://cme.med.miami.edu/x51.xml.

In addition, the term “multimedia” is widely used in the
field of education or training to refer to the type of materials
used for instruction:
How to Design Educational Multimedia: “A Loaded Question”
The article reviews a wide range of research literature and
makes the argument that the existence of “cognitive load”
is not necessarily a bad thing in the design of educational
multimedia as opposed to the design of software
applications tools. www.questia.com.

Journal of Educational Multimedia and Hypermedia (JEMH).
JEMH is designed to provide a multi-disciplinary forum to
Serial No. 77848452
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present and discuss research, development and applications
of multimedia and hypermedia in education. The main goal
of the Journal is to contribute to the advancement of the
theory and practice of learning and teaching using these
powerful and promising technological tools that allow the
integration of images, sound, text and data. www.
Aace.org.

Our determination that the phrase “translational education
multimedia” is merely descriptive is confirmed by applicant’s
own specimens, a guide book entitled “Translational Education
Multimedia A Guide for Educators: How to Design Evidence-Based
Multimedia… Applying Theory to Practice.”

As described in applicant’s specimens for International
Class 16, “translational education” is:
a new applied science theory which seeks to understand
how academic knowledge as defined through education
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standards impacts competent performance and, in turn,
how competent performance informs development of
academic knowledge. Translational Education:

· Applies theories from neuroscience, psychology,
educational psychology, sociology, philosophy,
occupational therapy, and the study of cultural
competency, to goal-directed behavior

· Driven by regulated academic standards

· In a setting where the learner is supported to
acquire and apply knowledge

· Through other persons, objects environments and
contexts

· So that knowledge is generalizeable across settings
and supports optimal performance.

In addition, applicant’s specimen of use for International
Class 41, an advertising brochure, shows that the purpose of
applicant’s training and consulting services is “how to design
educational multimedia to accelerate development of human
cognitive, perceptual, motor, sensory and social faculties
during competency-based performance tasks in authentic
environments,” or in other words how to design educational
multimedia in the field of “translational education:”
Translational Education Multimedia has three primary
purposes:

·To engage and inspire a community of educators to
transform the artifacts, tools, media activities and
curriculum in education and work-related training
programs to drive optimal performance.

Serial No. 77848452
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·To design evidence-based educational multimedia
rooted in life science theories to accelerate
achievement.

·To foster meaningful scientific research to measure
the impact that creating smarter contexts for learning
has on humanity.

Seminars and Workshops

·Offering training courses in teaching institutes. Our
training focuses on teaching you to design educational
multimedia to accelerate development of human
cognitive, perceptual, motor, sensory and social
faculties during competency-based performance tasks in
authentic environments.

·Teaching you “How-To” apply Translational Education
theory to design evidence-based multimedia. You will
gain an understanding of various contemporary
cognitive theories and their influence on creating
smarter contexts for learning. You will gain an
understanding of executive brain function as it
relates to occupational performance under varied
environmental conditions. You will learn how to grade
the complexity of a task to inject in depth learning
and broaden the scope of learning.

As illustrated by the evidence discussed above, it appears
that an entire industry has emerged based on the principle of
“translational education,” with colleges, universities, as well
as instructors and consultants teaching how to apply this
concept to various fields in multiple “multimedia” formats. It
is clear that the subject matter of applicant’s publications as
well as training and consulting services is “translational
education” in “multimedia” form. Competitors in this field
should be free to use this descriptive language when describing
Serial No. 77848452
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their own goods and services to the public in advertising and
marketing materials. See In re Styleclick.com Inc., 58 USPQ2d
1523, 1527 (TTAB 2001).
Decision: The refusal to register in each class under
Section 2(e)(1) is affirmed.