Frederick K. Norris

Trademark Trial and Appeal Board

Sep 24, 2012

No. 77732462 (T.T.A.B. Sep. 24, 2012)

Mailed: September 24, 2012

UNITED STATES PATENT AND TRADEMARK OFFICE
________

Trademark Trial and Appeal Board
________

In re Frederick K. Norris
________

Serial No. 77732462
_______

Hugh D. Jaeger of Hugh D. Jaeger PA for Frederick K.
Norris.

Robin M. Mittler, Trademark Examining Attorney, Law Office
117 (Brett J. Golden, Managing Attorney).
_______

Before Zervas, Cataldo and Wellington,
Administrative Trademark Judges.

Opinion by Cataldo, Administrative Trademark Judge:

Frederick K. Norris has applied to register on the
Principal Register the mark CRAWLSPACE, in standard
characters, for the following services, as amended:
building maintenance and repair of crawlspaces
under houses, namely, encapsulating crawlspaces
for waterproofing, installation of building
insulation, and removal of surface water and
groundwater to facilitate the repair of
structures, structural drying, and
dehumidification

in International Class 37; and

THIS OPINION IS NOT A
PRECEDENT OF
THE T.T.A.B.
Ser. No. 77732462
2
mold and mildew remediation in crawlspaces under
houses, odor neutralization services for
crawlspaces under houses

in International Class 42.1

The trademark examining attorney refused registration
under Section 2(e)(1) of the Trademark Act on the ground
that applicant’s mark is merely descriptive of a feature or
quality of applicant’s services.
When the refusal was made final, applicant appealed.
Applicant and the examining attorney filed main briefs on
the issue under appeal.
In support of the refusal to register, the examining
attorney submitted a dictionary definition of the word
CRALWSPACE. According to that definition, CRAWLSPACE (or
CRAWL SPACE) is defined as “an area accessible by crawling,
having a clearance less than human height, for access to
plumbing or wiring, storage, etc.”2 The examining attorney
further made of record articles and advertisements
regarding various CRAWLSPACE repair and remediation
services retrieved from Internet web pages. The following
excerpts are illustrative:
Crawlspace remediation can be done by a homeowner
with possibly some help from a contractor. You

1 Application Serial No. 77732462 was filed May 8, 2009, based
upon applicant’s assertion of a bona fide intent to use the mark
in commerce in connection with both classes of services.
2 Random House Dictionary (2008), retrieved from
dictionary.reference.com.
Ser. No. 77732462
3
have several issues that have to be addressed.
These include (1) mitigating the wetness/moisture
problem under your house, and (2) remediating
crawlspace timbers. …
(crawlspaceremediator.com);

Energy Efficient Crawlspaces
Properly sealing and conditioning a crawlspace is
one of the main components of an energy efficient
home. When your crawlspace is not influenced by
outside air conditions the amount of energy
required to heat and cool your home is
dramatically reduced. Crawlspace Doctor is
committed to constantly updating our methods to
achieve the highest level of energy efficiency
according to Energy Star and other energy
studies.
(crawlspacedoctor.com); and

Waterproofing, Crawl Space Repair, and Foundation
Repair Contractor. …
Waterproofing crawl spaces and basements in
Indiana, Kentucky, Illinois and Ohio!
(americrawlsouth.com).

It is settled that material obtained from the Internet is
acceptable in ex parte proceedings as evidence of potential
public exposure to a term. See In re Fitch IBCA, Inc., 64
USPQ2d 1058 (TTAB 2002).
Finally, the examining attorney made of record copies
of three third-party registrations in which the term
CRAWLSPACE is disclaimed in marks on the Principal Register
as applied to services similar to those recited in the
involved application. These registrations include:
Registration No. 3115836 for the mark ABC A BETTER
Ser. No. 77732462
4
CRAWLSPACE, INC. for services including “waterproofing of
basements and flooring” and “inspection of homes for the
existence of mold;”
Registration No. 2928985 for the mark CRAWLSPACE
DOCTOR for “building construction and repair, specifically
concerning the crawlspace area;” and
Registration No. 3251074 for the mark CRAWLSPACE CARE
for “installation of systems to protect the
microenvironment in building crawl spaces by the reduction
of moisture and relative humidity.”
Applicant’s arguments in his brief on appeal consist
in their entirety as follows: “There is no reason to
reject registration of the above mark.”3
We disagree.
It is well settled that a term is considered to be
merely descriptive of goods and/or services, 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 and/or services. See Section 2(e)(1) of the
Trademark Act, 15 U.S.C. § 1052. See also In re Abcor

3 Applicant’s brief, p. 1.

Ser. No. 77732462
5
Development Corp., 588 F.2d 811, 200 USPQ 215 (CCPA 1978).
It is not necessary that a term describe all of the
properties or functions of the goods and/or services in
order for it to be considered to be merely descriptive
thereof; rather, it is sufficient if the term describes a
significant attribute or feature about them. Moreover,
whether a term is merely descriptive is determined not in
the abstract, but in relation to the goods and/or services
for which registration is sought. See In re Bright-Crest,
Ltd., 204 USPQ 591 (TTAB 1979). Thus, “[w]hether consumers
could guess what the product is from consideration of the
mark alone is not the test.” See In re American Greetings
Corp., 226 USPQ 365 (TTAB 1985).
In the instant case, the evidence made of record by
the examining attorney establishes that, as applied to
applicant’s services, the term CRAWLSPACE would immediately
describe, without conjecture or speculation, a central
characteristic or feature of such services, namely, that
they concern maintenance, repair, and remediation of the
area beneath a home that is less than human height and used
for access to plumbing, wiring and storage. In other
words, prospective consumers, upon confronting the term
CRALWSPACE used in connection with applicant's maintenance,
repair and remediation of “crawlspaces,” would immediately
Ser. No. 77732462
6
perceive that a significant feature or characteristic of
his services is to maintain, repair and remediate such
areas. Indeed, the fact that applicant uses the plural
form of the term comprising his mark in his recitation of
both classes of services further emphasizes the descriptive
nature of CRAWLSPACE as applied to such services. Thus,
based upon the evidence of record and applicant’s own
recitation of services, we find that applicant’s mark is
highly descriptive thereof.
Accordingly, we find that applicant's mark is merely
descriptive as contemplated by Section 2(e)(1) of the Act.
Decision: The refusal to register is affirmed as to
both classes of services.