JELD-WEN, inc.

Trademark Trial and Appeal Board

Apr 24, 2008

No. 78773844 (T.T.A.B. Apr. 24, 2008)

Mailed:
April 24, 2008
jtw

UNITED STATES PATENT AND TRADEMARK OFFICE
________

Trademark Trial and Appeal Board
________

In re JELD-WEN, inc.
________

Serial No. 78773844
_______

Charles G. Zug, Lucas V. Haugh and David A. Harlow of
Nelson, Mullins, Riley & Scarborough, L.L.P. for JELD-WEN,
inc.

Susan Leslie DuBois, Trademark Examining Attorney, Law
Office 111 (Craig D. Taylor, Managing Attorney).
_______

Before Quinn, Holtzman and Walsh, Administrative Trademark
Judges.

Opinion by Walsh, Administrative Trademark Judge:

JELD-WEN, inc. (applicant) has applied to register the
mark PRAIRIE BEVEL in standard characters on the Principal
Register for “decorative glass panels sold as an integral
component of metal doors” in International Class 6.1 The
Examining Attorney has finally refused registration on the

1 Application Serial No. 78773844, filed December 15, 2005, based
on a statement of a bona fide intention to use the mark in
commerce under Trademark Act Section 1(b), 15 U.S.C. § 1051(b).

THIS OPINION
IS NOT A PRECEDENT OF
THE T.T.A.B.
Serial No. 78773836
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grounds that the mark merely describes the goods under
Trademark Act Section 2(e)(1), 15 U.S.C. § 1052(e)(1).
Applicant has appealed. Both applicant and the Examining
Attorney have filed briefs.
We affirm.
A term is merely descriptive of goods 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. See, e.g.,
In re Gyulay, 820 F.2d 1216, 3 USPQ2d 1009, 1009 (Fed. Cir.
1987); and In re Abcor Development Corp., 588 F.2d 811, 200
USPQ 215, 217-18 (CCPA 1978). A term need not immediately
convey an idea of each and every specific feature of the
applicant’s goods in order to be considered merely
descriptive; it is enough that the term describes one
significant attribute or function of the goods. See In re
H.U.D.D.L.E., 216 USPQ 358, 359 (TTAB 1982); and In re
MBAssociates, 180 USPQ 338, 339 (TTAB 1973).
Whether a term is merely descriptive is determined not
in the abstract, but in relation to the goods identified in
the application, and the possible significance that the
term would have to the average purchaser of the goods
because of the manner of use. In re Polo International
Serial No. 78773836
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Inc., 51 USPQ2d 1061, 1062 (TTAB 1999); and In re Bright-
Crest, Ltd., 204 USPQ 591, 593 (TTAB 1979).
The Examining Attorney states, “In this case the term
‘PRAIRIE BEVEL’ puts a term that describes well-known and
established architectural style together with a term that
identifies an architectural feature or element.” Examining
Attorney’s Brief at 3.
Among other evidence, the Examining Attorney has
provided brief excerpts of articles from the NEXIS
database, including: an article from The Atlanta Journal-
Constitution of February 5, 2006, entitled “New designs
convey look of by-gone days,” stating, “Homes in West
Village have prairie-style windows, doors, floors and
ceilings, deep front porches and extended rafters and are
priced from…”; an article from the Contra Costa Times of
January 15, 2006, entitled “A little piece of history in
your living room,” stating, “A Prairie-style casement
window, redeemed from a Waterford House, is now a mullioned
glass door on a kitchen cabinet.”; and an article from the
South Bend Tribune, entitled “Building the Wright house,
famous architect’s style inspired couple,” stating, “Other
Wright-ish touches include Prairie-style windows which they
have left unadorned.”
Serial No. 78773836
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The excerpts also include articles referring to
windows with “bevels” or “bevel-edged windows” from The St.
Petersburg Times, The Charlotte Observer and The Sunday
Oklahoman. The record also includes third-party
registrations (Registration Nos. 2417375 and 2494167) for
glass or glass-related services where “BEVEL” is part of
the mark and it is disclaimed. See first Office action at
2-3. Applicant does not appear to dispute the fact that
BEVEL is descriptive of the identified goods.
The evidence also includes a longer piece from
buffalo.edu captioned “Prairie Style of Architecture in
Buffalo, NY.” The piece states:
Prairie houses (1905-1915) may be viewed in a
larger context as one type of Arts and Craft
(“Craftsman”) style architecture.

The prairie house is one of the few indigenous
American styles. The name is key to the style.
The stereotypical image of the Midwestern prairie
is that of a wide, flat, horizontal, treeless
expanse that meets the horizon. To translate
that scene into architecture Wright designed a
horizontal building that was low to the ground.
Thus, the architecture features:

• Broad horizontal forms
• Low-pitched roof, usually hipped with deeply
projecting eaves
• Honest use of materials
• Organic ornament
• Two stories, with one-story wings or porches
• Eaves, cornice and facade emphasizing
horizontal lines, often with massive square
porch supports
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• Bands of casement windows
• Large, low chimney that forms the hub of the
house
• Free-flowing interior plans
• Seamless transition between indoors and
outdoors
• Both Prairie and Craftsman/Arts and Crafts
have widely overhanging eaves, but the
Prairie style does NOT have exposed rafter
tails, or decorative beams or braces under
the gables.

The piece also emphasizes the distinction/contrast between
the Prairie style and Victorian, both in terms of concept
and form. See first Office attachment.
On the other hand, applicant argues that its mark is
“arbitrary, or at least suggestive” because PRAIRIE “no
longer describes an architectural style in the minds of
consumers.” Applicant’s Brief at 2. In the alternative,
applicant also argues that the “unitary phrase” PRAIRIE
BEVEL, when considered as a whole, is not merely
descriptive, even if the individual components are
considered descriptive.
The principal support for applicant’s position is the
affidavit of Arthur Cogswell, a registered architect. The
affidavit first sets forth Mr. Cogswell’s credentials; we
have no reason to doubt Mr. Cogswell’s credentials and
experience in the field. Mr. Cogswell states:
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4. At one time, the word Prairie was
descriptive of a particular school of
architecture. Specifically, it was at one time
identified with the designs of Frank Lloyd
Wright, circa 1910-1920, of sophisticated single
family dwellings in the more exclusive suburbs of
Chicago, and thereafter with Wright’s related
work in Wisconsin in the immediately following
years.

5. However, with the passage of time, just
as Wright’s work evolved significantly to a wide
variety of styles, the term “Prairie” has come to
be applied by many individuals to all kinds of
styles and designs, to the point where it no
longer means much. The term “Prairie” has been
applied to works which belong to the “Arts &
Crafts” style in England. The “Arts & Crafts”
style was developed in roughly the same time
period as Wright’s work described above, but it
was independently developed, and is certainly a
different architectural style.

6. Likewise, some people use “Prairie”
interchangeably for what should be called
“Craftsman”. Others have characterized certain
elements of the “Mission” style of the American
Southwest as “Prairie”. You can even find people
calling elements of Victorian designs as
“Prairie.” Frank Lloyd Wright and Victorian are
about as antithetical as anything I can imagine
in architectural design…

7. … In my opinion as an architect, the
term “Prairie” does not describe particular
characteristics of a house design or door design
or window design.

Cogswell Affidavit at 2-3.
Mr. Cogswell does not refer to any publication he or
any other authority in the field has authored as the basis
for his statements. Nor does Mr. Cogswell refer to any
Serial No. 78773836
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usage of PRAIRIE, like those the Examining Attorney
submitted, to support his statements.
We have reviewed and take judicial notice of certain
dictionaries and other reference works, in particular,
works in the nature of encyclopedias, all in the field of
architecture.2 Those sources include: The Dictionary of
Architecture & Construction (Third Edition 2002); The
Penguin Dictionary of Architecture and Landscape
Architecture (Fifth Edition 1998); The Visual Dictionary of
American Domestic Architecture (1994); Dictionary of
Building Preservation (1996); James Stevens Curl, A
Dictionary of Architecture (1999); John Milnes Baker,
American House Styles - A Concise Guide (1994); and The
Abrams Guide to American House Styles (2004).
Each of these sources includes a definition or
description of PRAIRIE-style architecture which is entirely
consistent with the description the Examining Attorney
furnished from buffalo.edu. We note the following, in
particular, from these references:
The Dictionary of Architecture and Construction
at pages 710-711 refers to the “Prairie style” as
a house with, among other features, “a two-story
height with wings and/or porches of one story,

2 The Board may take judicial notice of dictionaries and
encyclopedias. See, e.g., University of Notre Dame du Lac v.
J.C. Gourmet Food Imports Co., Inc., 213 USPQ 594 (TTAB 1982),
aff'd, 703 F.2d 1372, 217 USPQ 505 (Fed. Cir. 1983).
Serial No. 78773836
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integrated with its site to provide a low,
horizontal appearance … and often a series of
windows below the roof overhang, diamond shaped
window panes set in lead cames….”;

The Abrams Guide at page 284 identifies the
“Prairie style” as “Composed of strong horizontal
planes that echoed the flat plains of Illinois …
[with] massive central chimneys, low-pitched
roofs with broad overhangs that seemed to hug the
ground. Long strips of windows and use of
windows at corners blur the distinction between
inside and outside.”;

The Dictionary of Building Preservation at 354
refers to “Prairie Style” as “… characterized by
low-pitched hip roofs with wide eaves, casement
ribbon windows and spaces that flow into one
another at right angles….”;

American House Styles at page 112 refers to
“PRAIRIE” style as houses with “… open planning;
shallow pitched roofs with broad sheltering
overhangs; bands of casement windows, often with
abstract patterns of stained glass; and a strong
horizontal emphasis….”;

The Visual Dictionary of American Domestic
Architecture at 202 states, “Wright’s work drew
on many sources, including Japanese design, the
contemporary English Arts and Crafts movement,
and the Victorian preoccupation with the
relationship of a building to its natural
environment. Interpreted in the context of the
flat Midwestern landscape—and Wright’s own very
personal design vocabulary—his Prairie style
evolved as a truly original American art form.”;

The Penguin Dictionary at page 454 defines
“Prairie School” as “Architectural movement in
American Midwest between 1900 and 1916, mainly in
residential building. Inspired initially by
Sullivan, it was given direction by Frank Lloyd
Wright. Horizontality, open plans and emphasis
on the natural qualities of materials, typified
Prairie School buildings. After the first decade
Serial No. 78773836
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they became more varied and personal in
expression and less local in scope….”; and

A Dictionary of Architecture also identifies the
“Prairie School or style” with Wright and states
“It was characterized by low-pitched roofs with
wide overhanging eaves, a strongly emphasized
horizontality, large hearths separating parts of
the living area, and use of traditional
materials.”

Based on this evidence, including the sources as to
which we have taken judicial notice, we conclude that
PRAIRIE BEVEL is merely descriptive of “decorative glass
panels sold as an integral component of metal doors.” In
re Ricci-Italian Silversmiths Inc., 16 USPQ2d 1727 (TTAB
1990) (ART DECO held generic for flatware); In re Bauhaus
Designs Canada Ltd., 12 USPQ2d 2001 (TTAB 1989) (BAUHAUS
held generic for furniture).
We first note that the application is based on
applicant’s statement of a bona fide intention to use the
mark in commerce. Nowhere has applicant stated that the
goods with which it intends to use the mark, in fact, would
not be in the PRAIRIE style, nor has applicant stated that
the goods would not be beveled.
We reject applicant’s argument that PRAIRIE has ceased
to have any meaning in the architectural field today. The
record includes numerous reference works, many of them of
recent vintage, which continue to identify PRAIRIE in a
Serial No. 78773836
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consistent manner as a defined architectural style. The
excerpts from recent articles confirm the fact that the
public continues to refer to the PRAIRIE style.
The fact that the style may be varied or that it may
be derived from or share certain characteristics with other
styles in no way detracts from the descriptive significance
of PRAIRIE as applied to the identified goods. In re
Ricci-Italian Silversmiths Inc., 16 USPQ2d 1727, 1729 (TTAB
1990) (“It is not necessary, as applicant suggests, that a
term must identify a specific pattern of flatware before it
can be considered generic… The evidence makes it clear
that the ART DECO style is characterized by certain
features such as geometric shapes, smooth lines and
streamlined forms, and that patterns of flatware containing
these features would be recognized as being ART DECO in
style.”). We are not persuaded by Mr. Cogswell’s
observation that PRAIRIE has lost all meaning when we
consider his conclusion in light of the other evidence.
Furthermore, because the goods are “decorative glass
panels sold as an integral component of metal doors” we
find the evidence specifically related to the significance
of PRAIRIE as applied to windows, as well as doors, to be
highly relevant and probative of the significance of
PRAIRIE as applied to the goods. It is only logical that
Serial No. 78773836
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the relevant public would view a term, such as PRAIRIE,
which identifies an architectural style as having the same
descriptive significance as applied to either windows or
decorative glass panels in doors, or other features of
buildings in the style.
Applicant also appears to argue that PRAIRIE is not
merely descriptive here because definitions of “prairie” in
general dictionaries, such as Merriam-Webster’s Collegiate
Dictionary, do not include a definition related to an
architectural style. As the Examining Attorney correctly
notes, the mere absence of a dictionary entry for the
relevant term does not establish that the term is not
merely descriptive. In re Orleans Wines, Ltd., 196 USPQ
516 (TTAB 1977). In fact, in this case we have evidence in
numerous dictionaries in the relevant field which establish
the merely descriptive meaning where it counts. We reject
this argument.
Applicant appears to argue further that, because
“prairie” has meanings in other “fields,” it is not merely
descriptive here. The fact that the mark may have meanings
in another context is not relevant for purposes of our
determination. In re IP Carrier Consulting Group, 84
USPQ2d 1028, 1034 (TTAB 2007). We must determine whether
the mark is merely descriptive as applied to the goods
Serial No. 78773836
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identified in the application. In re Bright-Crest, Ltd.,
204 USPQ at 593. Accordingly, we reject this argument.
We also find unpersuasive applicant’s argument that
the combination of PRAIRIE and BEVEL is somehow distinctive
and not merely descriptive. We find nothing in the
combination of these terms which is at all unusual or
distinctive. See, e.g., In re Tower Tech, Inc., 64 USPQ2d
1314, 1317 (TTAB 2002) (SMARTTOWER merely descriptive of
commercial and industrial cooling towers). In fact, the
combination of the terms reinforces the merely descriptive
meaning as applied to the goods. The PRAIRIE style is
defined by horizontal lines and employs geometric shapes.
Thus, a beveled glass panel is consistent with and even
representative of the PRAIRIE style.
Lastly, applicant has objected to the Examining
Attorney’s reliance on listings of results from searches in
the Google search engine as evidence that its mark is
merely descriptive, citing In re Remacle, 66 USPQ2d 1222,
1223 n.2 (TTAB 2002). Thus far, we have not referred to
this evidence, nor need we rely on it. In Remacle, the
Board stated, “The Examining Attorney's print-out of the
results of an Internet search by the Yahoo search engine
are of little probative value, largely because insufficient
Serial No. 78773836
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text is available to determine the nature of the
information and, thus, its relevance.” Id.
Likewise in this case, more complete examples from web
pages located by the search, rather than the listing of
results, would have superior probative value, and we
strongly prefer evidence in that form. Nonetheless, here,
as the Board has done in Remacle and other cases, we
decline to exclude the evidence entirely, but rather, we
view it as having very limited probative value. However,
to the extent the listings of record have any probative
value, they do support the conclusions we have reached
based on the other evidence.
For example, one listing referencing amazon.com
states, “Art and Crafts Prairie Style Stained Glass Panel”;
another listing referencing tdstainedglass.com states,
“These “Prairie Style” stained glass windows were produced
for one of the spec home…”; another listing referencing
gommstudios.com states, “The other doors were in the
Prairie Style of the same era…”; still another listing
referencing ebay.com states, “Add a delightful touch to you
(sic) home’s decor with the colorful Prairie style panel
inspired by Frank Lloyd Wright…”; and finally a listing
referencing tiffanysource.com states, “This beveled glass
panel is designed for a glass entry door.” See attachments
Serial No. 78773836
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to final Office action. However, we hasten to reiterate
that we would reach the same conclusions in this case with
or without consideration of these listings.
In conclusion, we find that PRAIRIE BEVEL is merely
descriptive of “decorative glass panels sold as an integral
component of metal doors.”
Decision: We affirm the refusal to register
applicant’s mark under Trademark Act Section 2(e)(1).