Conopco, Inc.

Trademark Trial and Appeal Board

Apr 17, 1998

No. 74625990 (T.T.A.B. Apr. 17, 1998)

Paper No. 10
JQ
THIS DISPOSITION IS NOT CITABLE AS
PRECEDENT OF THE TTAB 4/17/98
U.S. DEPARTMENT OF COMMERCE
PATENT AND TRADEMARK OFFICE
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Trademark Trial and Appeal Board
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In re Conopco, Inc.
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Serial Nos. 74/625,990 and 74/626,187
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Peter M. Mendelson for applicant.
Everett E. Fruehling, Trademark Examining Attorney, Law
Office 101 (R. Ellsworth Williams, Managing Attorney).
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Before Cissel, Quinn and Walters, Administrative Trademark
Judges.
Opinion by Quinn, Administrative Trademark Judge:
Applications have been filed by Conopco, Inc., doing
business as Van den Bergh Foods Company, to register the
marks ADOLPH’S SEASONING SPREADS and IMPERIAL SEASONING
SPREADS for “vegetable oil and dairy based spreads.”1
Pursuant to the Examining Attorney’s request to disclaim
“SEASONING SPREADS”, applicant disclaimed the word “SPREADS”
apart from each of the marks.

1 Application Serial Nos. 74/625,990 and 74/626,187,
respectively, each alleging a bona fide intention to use the mark
Ser No. 74/625,990 and 74/626,187
2
The Trademark Examining Attorney has refused
registration in each application based on applicant’s
failure to disclaim both words, that is, “SEASONING SPREADS”
apart from each of the marks. The Examining Attorney
contends that the term “seasoning spreads,” when applied to
applicant’s products, is merely descriptive of them.
When the refusal was made final, applicant appealed.
Applicant and the Examining Attorney have filed briefs.
Because of the identity of the issues involved in these two
appeals, the Board shall decide these cases in one opinion.
Applicant urges that the refusal to register be
reversed, contending that the term “seasonings” is, at
worst, just suggestive of its products. More specifically,
applicant asserts that “seasonings” is a vague term which
could refer to any one of a multitude of herbs, spices
and/or other flavoring ingredients. Applicant concludes
that the “combined terms [seasoning spreads] function as a
suggestive, catchy, alliterative source-indicating mark.”
Applicant contends (also pointing to Food and Drug
Administration labeling requirements) that registration of
the applied-for mark “would not prevent third parties from
referring to the presence of seasonings in their spread
products (e.g., ‘spread with seasonings’).” Applicant has

in commerce. Applicant claims ownership of various previously
issued registrations.
Ser No. 74/625,990 and 74/626,187
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pointed to two third-party registrations as supportive of
its arguments for registration.
The Examining Attorney argues that “the plain meaning
of SEASONING is both an ingredient of the goods and
describes a feature or purpose of the goods as in the act or
process of seasoning food through the use of the applicant’s
SEASONING SPREADS.” In support of the refusal, the
Examining Attorney has relied upon dictionary listings for
the terms “seasoning” and “spread.”
It is well settled that a term is considered to be
merely descriptive of goods, within the meaning of Section 2
(e)(1) of the Trademark Act, if it immediately describes an
ingredient, quality, characteristic or feature thereof or if
it directly conveys information regarding the nature,
function, purpose or use of the goods. In re Abcor
Development Corp., 588 F.2d 811, 200 USPQ 215, 217-18 (CCPA
1978). It is not necessary that a term describe all of the
properties or functions of the goods in order for it to be
considered to be merely descriptive thereof; rather, it is
sufficient if the term describes a significant attribute or
idea about them. Moreover, whether a term is merely
descriptive is determined not in the abstract but in
relation to the goods for which registration is sought. In
re Bright-Crest, Ltd., 204 USPQ 591, 593 (TTAB 1979).
Ser No. 74/625,990 and 74/626,187
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The term “seasoning,” as defined in Webster’s II New
Riverside University Dictionary (1988), means “something, as
a spice or herb, used to enhance the flavor of food; the act
or process by which something is seasoned.” The term
“spread” is defined in the same dictionary as “a food to be
layered on bread or crackers.”
The common meaning of the term “seasoning” convinces us
that it is merely descriptive when applied to applicant’s
spreads. The plain and readily understood meaning of
“seasoning spreads” is that the spreads are flavored with
spices, herbs or the like which can then be used on bread
and crackers to enhance their flavor. There is nothing in
the term “seasoning” as used in “seasoning spreads” which is
catchy, indefinite or susceptible to multiple connotations,
nor is any imagination or gathering of further information
necessary in order for consumers, when confronting the term
in connection with applicant’s product, to perceive that the
spreads contain seasoning of some type. The fact that the
particular type of seasoning is not identified is of no
consequence here. In re Entenmann’s Inc., 15 USPQ2d 1750
(TTAB 1990).
As noted above, applicant has submitted two third-party
registrations. For the reasons set forth by the Examining
Attorney, the registrations offer little help in making a
determination of the merits of this appeal. Our task in
Ser No. 74/625,990 and 74/626,187
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this appeal is to determine, based on the record before us,
whether applicant’s mark is merely descriptive. As often
noted by the Board, each case must be determined on its own
set of facts. We obviously are not privy to the records
involved in the cited registrations and, moreover, the
determination of registrability of a particular mark by the
Office cannot control the result in another case involving a
different mark for different goods. Likewise, although the
case law cited by applicant has been considered, it offers
little help in resolving the specific issue presently before
us in this appeal.
Decision: The refusal to register in each application
is affirmed in the absence of a disclaimer of the
descriptive word “seasoning.” Applicant is allowed thirty
days from the date of this decision to submit a disclaimer
of "seasoning spreads” apart from the mark in each
application. If the disclaimers should be submitted, this
decision will be set aside. Trademark Rule 2.142(g).
R. F. Cissel
T. J. Quinn
C. E. Walters
Administrative Trademark
Ser No. 74/625,990 and 74/626,187
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Judges, Trademark Trial
and Appeal Board
Ser No. 74/625,990 and 74/626,187
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