LHS Productions, Inc. DBA Video Bank

Trademark Trial and Appeal Board

Jun 26, 2018

No. 87060327 (T.T.A.B. Jun. 26, 2018)

This Opinion is Not a
Precedent of the TTAB

Mailed: June 26, 2018

UNITED STATES PATENT AND TRADEMARK OFFICE
_____

Trademark Trial and Appeal Board
_____

In re LHS Productions, Inc. DBA Video Bank
_____

Serial No. 87060327
Serial No. 870603301
_____

Ira Stickler of Stickler Law,
for LHS Productions, Inc.
Claudia Garcia, Trademark Examining Attorney, Law Office 111,
Robert L. Lorenzo, Managing Attorney.
_____

Before Wellington, Greenbaum and Heasley,
Administrative Trademark Judges.

Opinion by Greenbaum, Administrative Trademark Judge:
Applicant LHS Productions, Inc. DBA Video Bank (“Applicant”) filed two
applications seeking registration on the Supplemental Register of the proposed
marks VIRTUAL MEETING ROOM and VMR, both in standard characters, for goods
identified as

1 The Board consolidated the appeals on February 18, 2018. 7 TTABVUE (both applications).
All references to the record are to the Trademark Status & Document Retrieval database
(“TSDR”) in .pdf format.
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Software for processing images, graphics and text;
Computer programmes for document management in
International Class 9.2
The Trademark Examining Attorney has refused registration on the ground that
VIRTUAL MEETING ROOM and VMR are generic and therefore incapable of
distinguishing the identified goods under Sections 23(c) and 45 of the Trademark Act,
15 U.S.C. §§ 1091(c) and 1127. When the Examining Attorney made the refusal final
in each application, Applicant appealed to this Board. The cases are fully briefed.
I. Evidentiary Issue
The Examining Attorney has objected to new evidence in Applicant’s appeal brief
for application Serial No. 87060330 in the form of an embedded hyperlink to
“thefreedictionary.com” website,3 and information purportedly from the Associated
Press Stylebook (47th ed. 2012) concerning the appropriate method of introducing an
acronym.4 We sustain the objection. Only evidence filed during examination is timely,

2 Applications Serial Nos. 87060327 (“‘327 application”) and 87060330 (“‘330 application”),
respectively, were filed on June 4, 2016, requesting registration on the Principal Register on
the basis of Applicant’s asserted use of the marks in commerce under Trademark Act Section
1(a), 15 U.S.C. § 1051(a), and stating November 15, 2014 as the date of first use and first use
in commerce. On January 7, 2017, Applicant amended its applications to seek registration on
the Supplemental Register. The applications also included the following services in
International Class 42, which Applicant deleted in its June 28, 2017 Responses to Office
Actions: “Computer services, namely, hosting on-line web facilities for others for organizing
and conducting online meetings, gatherings, and interactive discussions.”
3 In addition, providing only a link to the website without the material attached is not
sufficient to introduce the material into the record. In re Olin Corp., 124 USPQ2d 1327, 1332
n.15 (TTAB 2017) (“Because the information displayed at a link’s Internet address can be
changed or deleted, merely providing a link to a website is insufficient to make information
from that site of record.”).
4 Applicant referred to but did not submit this material with its brief. Accordingly, any
argument associated therewith is without evidentiary support.
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Trademark Rule 2.142(d), 37 C.F.R. § 2.142(d), and it should not be submitted on
appeal. Applicant cannot rely on these materials, and we have not considered them.
II. Genericness
“In order to qualify for registration on the Supplemental Register, a proposed
mark ‘must be capable of distinguishing the applicant’s goods or services.’” In re
Emergency Alert Sols. Grp., LLC, 122 USPQ2d 1088, 1089 (TTAB 2017) (quoting 15
U.S.C. § 1091(c)). “Generic terms do not so qualify.” Id. “[G]eneric terms by definition
are incapable of indicating a unique source.” In re La. Fish Fry Prods., Ltd., 797 F.3d
1332, 116 USPQ2d 1262, 1267 (Fed. Cir. 2015) (citing In re Merrill Lynch, Pierce,
Fenner, & Smith, Inc., 828 F.2d 1567, 4 USPQ2d 1141, 1142 (Fed. Cir. 1987) (“Generic
terms, by definition incapable of indicating source, are the antitheses of trademarks,
and can never attain trademark status.”)); see also Clairol, Inc. v. Roux Distrib. Co.,
280 F.2d 863, 126 USPQ 397, 398 (CCPA 1960) (“The generic name by which a
product is known is not a mark which can be registered on the Supplemental Register
under [S]ection 23 because such a name is incapable of distinguishing applicant’s
goods from goods of the same name manufactured or sold by others.”).
A term is generic if it refers to the class or category of goods or services on or in
connection with which it is used. In re Dial-A-Mattress Operating Corp., 240 F.3d
1341, 57 USPQ2d 1807 (Fed. Cir. 2001) (citing H. Marvin Ginn Corp. v. Int’l Ass’n of
Fire Chiefs, Inc., 782 F.2d 987, 228 USPQ 528 (Fed. Cir. 1986) (“Marvin Ginn”)); see
also In re Cordua Rests., Inc., 823 F.3d 594, 118 USPQ2d 1632 (Fed. Cir. 2016). The
test for determining whether a term is generic is its primary significance to the
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relevant public. Emergency Alert, 122 USPQ2d at 1089 (citing In re Am. Fertility
Soc’y, 188 F.3d 1341, 51 USPQ2d 1832, 1837 (Fed. Cir. 1999)); Magic Wand Inc. v.
RDB Inc., 940 F.2d 638, 19 USPQ2d 1551 (Fed. Cir. 1991); Marvin Ginn, 228 USPQ
at 530. “The critical issue in genericness cases is whether members of the relevant
public primarily use or understand the term sought to be protected to refer to the
genus of goods or services in question.” Princeton Vanguard, LLC v. Frito-Lay N. Am.,
Inc., 786 F.3d 960, 114 USPQ2d 1827, 1830 (Fed. Cir. 2015) (“Princeton Vanguard”)
(quoting Marvin Ginn, 228 USPQ at 530). Making this determination “involves a two-
step inquiry: First, what is the genus of goods or services at issue? Second, is the term
sought to be registered … understood by the relevant public primarily to refer to that
genus of goods or services?” Marvin Ginn, 228 USPQ at 530. “A registration is
properly refused if the word is the generic name of any of the goods or services for
which registration is sought.” Cordua Rests., 118 USPQ2d at 1638.
The Examining Attorney must establish with “clear evidence” that a proposed
mark is generic. La. Fish Fry Prods., 116 USPQ2d at 1264 (citing Merrill Lynch, 4
USPQ2d at 1143). Evidence of the public’s understanding of a term may be obtained
from “any competent source, such as consumer surveys, dictionaries, newspapers and
other publications.” Princeton Vanguard, 114 USPQ2d at 1830 (quoting In re
Northland Aluminum Prods., Inc., 777 F.2d 1556, 227 USPQ 961, 963 (Fed. Cir. 1985)
(BUNDT is not registrable for “ring cake mix,” citing numerous cookbook recipes and
newspaper articles)). “[A] term can be generic for a genus of goods or services if the
relevant public … understands the term to refer to a key aspect of that genus.” Royal
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Crown Co. v. Coca-Cola Co., ___ F.3d. ___, ___ USPQ2d ___, 2018 WL 3040163, *5
(Fed. Cir. June 20, 2018) (quoting Cordua Rests., 118 USPQ2d at 1637-38)); see also
Emergency Alert, 122 USPQ2d at 1091.
We consider the proposed mark VIRTUAL MEETING ROOM as a whole. See
Princeton Vanguard, 114 USPQ2d at 1831 (citing In re Steelbuilding.com, 415 F.3d
1293, 75 USPQ2d 1420, 1421 (Fed. Cir. 2005)). With respect to the proposed mark
VMR, as a general rule, an abbreviation, initialism or acronym is not generic unless
the wording it stands for is generic of the goods or services, and the abbreviation,
acronym or initialism is readily understood by relevant purchasers to be
“substantially synonymous” with the generic wording which it represents.5 See, e.g.,
Baroness Small Estates, Inc. v. Am. Wine Trade, Inc., 104 USPQ2d 1224, 1226 (TTAB
2012) (in analyzing whether CMS is generic for wine comprising grape varietal names
cabernet, merlot and syrah, the Board reiterated that “The question to be answered
is whether the initials for generic or merely descriptive terms, or a combination
thereof, are also generally recognized and used as an accepted abbreviation for the
term itself.”); In re Council on Certification of Nurse Anesthetists, 85 USPQ2d 1403,
1411 (TTAB 2007) (“it is not automatically the case that the initial letters of a generic
term are recognized as being substantially synonymous with such term”); Capital
Project Mgmt. Inc. v. IMDISI Inc., 70 USPQ2d 1172 (TTAB 2003) (“TIA” is

5 The same analysis applies when we determine whether an abbreviation, initialism or
acronym is merely descriptive of the wording for which it stands. Modern Optics, Inc. v.
Univis Lens Co., 234 F.2d 504, 110 USPQ 293, 295 (CCPA 1956) (“as a general rule, initials
cannot be considered descriptive unless they have become so generally understood as
representing descriptive words as to be accepted as substantially synonymous therewith”).
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substantially synonymous with generic term “time impact analysis” and thus is
generic for type of construction project schedule analysis services); In re Gen. Aniline
& Film Corp., 136 USPQ 306, 306-07 (TTAB 1962) (holding “PVP” substantially
synonymous with generic term “polyvinylpyrrolidone” and therefore generic for the
synthetic resin polyvinylpyrrolidone).
A. The genus of Applicant’s goods
Because the identification of goods or services in an application defines the scope
of rights that will be accorded the owner of any resulting registration, generally “a
proper genericness inquiry focuses on the description of [goods or] services set forth
in the [application or] certificate of registration.” Magic Wand, 19 USPQ2d at 1552
(citing Octocom Sys., Inc. v. Hous. Computs. Servs., Inc., 918 F.2d 937, 16 USPQ2d
1783, 1787 (Fed. Cir. 1990)). The present applications identify the goods as “Software
for processing images, graphics and text; Computer programmes for document
management,” which adequately defines the genus at issue in these cases.6 See Magic
Wand, 19 USPQ2d at 1552. This genus encompasses software for processing images,
graphics and text and computer programs for document management to facilitate
collaboration during online meetings. Applicant did not address this issue during
prosecution or in its briefs.

6 In this decision, we have modified the genus only to reflect the American, rather than
British, spelling of the wording “computer programs.”
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B. Public understanding of the terms VIRTUAL MEETING ROOM and
VMR
We next consider whether the relevant public understands the term VIRTUAL
MEETING ROOM and the acronym VMR primarily to refer to software for processing
images, graphics and text, and computer programs for document management to
facilitate collaboration during online meetings. Cordua Rests., 118 USPQ2d at 1637
(citing In re 1800Mattress.com IP, LLC, 586 F.3d 1359, 92 USPQ2d 1682, 1684 (Fed.
Cir. 2009)).
1. Relevant public
The “relevant public” is limited to actual or potential purchasers of the identified
goods. Magic Wand, 19 USPQ2d at 1552-53. Because Applicant’s identification of
goods has no restrictions as to the class of customers to whom the goods would be
offered, the relevant public consists of ordinary consumers seeking the identified
goods, which would include anyone who is interested in organizing or attending
online meetings. As with the relevant genus, Applicant did not address this issue
during prosecution or in its briefs.
2. Evidence of relevant public’s understanding
The Examining Attorney has submitted a number of news items and web pages
from the Internet to show that the relevant public understands that (1) the term
VIRTUAL MEETING ROOM refers to an online, rather than physical, location for
conferencing and collaborating, where attendees can share images, graphics, text,
and documents in real time, (2) the ability to share such materials in real time is an
a key aspect of a “virtual meeting room,” and (3) VMR is a recognized acronym for
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VIRTUAL MEETING ROOM. In addition to the entry in the Acronym Finder,7 which
lists VMR as an acronym for “Virtual Meeting Room (conferencing),” we note in
particular the following:
1. According to the “definition” of “virtual meeting room” on the
Search Unified Communications website,8 “[a] virtual meeting
room is a unique identifier that allows a meeting organizer to
invite[] attendees from disparate geographical locations to
collaborate in real time over the Internet” through video or
chat, often using a variety of online collaboration tools such as
“instant messaging, application sharing, recording, screen
sharing and document sharing capabilities.”
The website explains that
Virtual meeting rooms are seen as cost-effective because
they allow people to collaborate anywhere at any time. The
ability to create virtual meeting rooms are [sic] a feature of
conferencing and collaboration services like Cisco WebEx,
Microsoft Skype for Business and Citrix GoToMeeting.
There are also subscription-based virtual meeting room
services like Join.me and Pexip. Some services, like
WebEx, offer permanent virtual meeting rooms, while
other services, like Join.me, generate one-time-use virtual
meeting rooms.
2. According to the April 11, 2017 “Buyer’s Guide” by Rebekah
Carter on the CommsTrader website,9
Virtual Meeting Rooms are very similar to physical
meeting rooms. Everyone knows where to go to
communicate, there are various collaboration tools
available, and a screen where you share documents,
presentations, and other information. The only real
difference with Virtual Meeting Room (VMR) software, is
that instead of inviting people into a physical location, you

7 January 28, 2017 Office Action pp. 7-9 (‘330 application).
8 August 17, 2017 Final Office Action pp. 13-18 (both applications).
9 August 17, 2017 Final Office Action pp. 7-10 (both applications) (the “VMR software”
discussed in this guide is used to connect to a virtual meeting room/VMR, and is different
from Applicant’s identified software).
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have the flexibility and convenience from anywhere with
an internet connection.
Instead of a physical address, VMR software comes with a
virtual address known as a “Uniform Resource Identifier,”
which is formatted like an email address. With cloud based
solutions like UCi2i’s Gateway service you can dial in from
Cisco, Polycom, Lifesize, as well as Skype for Business,
Web RTC, and even ISDN platforms. In other words,
everyone can communicate in one reliable shared space.
Here, we’ll take a look at the features, and benefits of VMR
software.
The guide then lists several benefits of VMR software,
including:
Benefit 1: Ease of Use … VMR makes it simple to connect
on a video or audio call where you can share presentations,
projects, and collaborate at any time, from anywhere. …
VMR software can be accessed from a host of different
devices, regardless of whether you’re using a
videoconferencing system, Skype, web browsers, or a smart
phone or tablet, and once you’re set up in the system, you
can see the other people in the room, collaborate over
various topics, and enjoy an unrestricted meeting place
that isn’t confined by geographical location.
Benefit 2: Wider Collaboration ... one of the biggest benefits
of VMR software is that it integrates perfectly with the
changing business landscape in relation to mobile and
remote working. How people collaborate has changed
drastically over the years, and the availability of new
technology has made it far more convenient for us to
consumer and access information over smartphones,
tablets, and computers.
VMR software removes the restrictions of the traditional
meeting room and ensures that members within a team can
collaborate together from anywhere, at any time, with the
same collaboration tools and equipment.
Benefit 3: Share Documents and Presentations … VMR
software comes with unique document and presentation
solutions where you can share screens and information
with other people in your team.
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That way, you can get real-time feedback on projects within
groups, and access the details that you need most wherever
you are – whether in office, or on the train to work. …
The guide concludes:
VMR: A Dynamic Solution for the Changing Business
Environment
VMR software is a useful and dynamic way for businesses
in the modern age to adjust their style of working and drive
simpler communication between teams. You can invite
people to a meeting whenever you need to, and personalise
the collaboration experience to your specific requirements.
3. A March 24, 2015 article by Anders Lokke on the Pexip.com
website10 titled “What is a Virtual Meeting Room, and how can
you benefit from having one?” states:
You can think of a Virtual Meeting Room (VMR) as you
would think of a physical one: Everyone knows where it is,
it has a name, and perhaps even some collaboration tools
in it – a few chairs and a table you can sit around and
discuss. And of course, it has a screen where you can share
information, documents, presentations, and much more.
A Virtual Meeting Room is much the same. But instead of
having a physical location, it has a virtual address in the
form of a URI (Uniform Resource Identifier), formatted just
like an email address. This address is unique. A VMR is a
personal static resource, just like your email address. So
perhaps, if your email address is name@company.com,
your personal VMR would be meet.name@company.com.
But how do you use it and how can you benefit from having
one?
How do I use a VMR?
A Pexip VMR is a simple and easy way to meet on video or
audio, and in which you can share presentations and
collaborate. It is always available and always accessible for
ad-hoc or scheduled meetings. And, because it is a static

10 September 19, 2016 Office Action pp. 25-29 (‘330 Application).
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resource with a unique name and address, it is easy to
invite people to it.
You can access a VMR from nearly any type of device. …
The article outlines other Pexip VMR capabilities, such as
sharing documents and presentations and hosting an
unlimited number of participants, and concludes:
Bottom line – you can use VMRs actively and to fit your
way of working … A Pexip Virtual Meeting Room is simply
a meeting room in your pocket that you can invite meeting
participants to. It is your personal meeting room, and it
supports participants from a near unlimited number of
devices and endpoints. You can use it to share
presentations, collaborate in, and make decisions in. Just
like you would in a normal meeting room.
4. LifeSize posted a video on its website11 titled “How to Create
a Virtual Meeting Room,” which explains how to “Create a
Virtual Meeting Room with LifeSize Cloud Video
Conferencing.” In a question posted on the LifeSize discussion
board on February 26, 2015,12 one user asked “When do we get
desktop and content sharing?” expressing through several
posts his extreme dissatisfaction with his inability to share
content in a LifeSize virtual meeting room. He summarized
his complaint in a March 20, 2015 post: “The answer at this
point should be straight forward. It should be ‘we have (or are)
creating a new cloud experience that is a virtual meeting room
where anyone can share content ….’”
5. A March 17, 2016 post by David Penn on the Finovate Blog13
titled “Finovate Debuts: SuiteBox Introduces Virtual Meeting
Rooms for Financial Professionals” profiles SuiteBox virtual
meeting rooms:
With just a smartphone, tablet, or laptop, professionals can
build and manage secure, virtual meeting rooms and use
these private, virtual spaces for conference calls, document

11 September 16, 2016 Office Action pp. 15-16 (‘327 application) and September 19, 2016
Office Action pp. 38-39 (‘330 application).
12 August 17, 2017 Final Office Action pp. 19-27 (both applications).
13 September 16, 2016 Office Action pp. 17-22 (‘327 application) and September 19, 2016
Office Action pp. 40-45 (‘330 application).
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collaboration, screen sharing, embedded web forms, e-
signatures and more.
6. A March 27, 2015 blog post by Edon Abdulovski on
Telepresence2414 titled “The Concept of Virtual Meeting
Rooms and the Challenges” explains that “A Virtual Meeting
Room (VMR) is an online collaboration place where people can
communicate over video.” User “Steve Dosan” commented:
“Virtual meetings are real-time interactions that take place
over the Internet using integrated audio and video, chat tools,
and application sharing. Tools like R-HUB web conferencing
servers, webex, gotomeeting etc. are used for conducting
virtual meetings.”
7. Videxio15 offers “Virtual Meeting Room subscriptions”
explaining that “A virtual meeting room enables you to hold a
video meeting … as well as share a presentation.”
8. GoToMeeting16 advertises “The Easy Way to Create Your Own
Personal Meeting Room” where “The software generates a
session – or virtual meeting room – that exists for the duration
of the meeting ...” “GoToMeeting generates a customizable
virtual meeting room,” one benefit of which is that you can
“Hold a video conference while simultaneously sharing screen
content, either from your computer or that of another
participant.”
9. The U.S. Election Assistance Commission Advisory Board
webpage for the “EAC Virtual Meeting Room”17 allows users
to “conduct business between meetings in an efficient and
transparent manner that is accessible to the public,” and
allows members to post and view comments, exchange ideas,
and ask questions about draft documents. It also provides a
link to “Previous Virtual Meeting Room Documents and
Comments.”
10. The Stony Brook University Division of Information
Technology posted policies for “Internet Videoconferencing

14 September 16, 2016 Office Action p. 6 (‘327 application) and September 19, 2016 Office
Action pp. 7-11 (‘330 application).
15 January 28, 2017 Office Action pp. 10-14 (‘327 application).
16 January 28, 2017 Office Action pp. 15-18 (‘327 application).
17 January 28, 2017 Office Action pp. 19-20 (‘327 application).
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and Virtual Meeting Rooms,”18 and explains the “Purpose” as
follows: “This system enables multiple users to meet in a
virtual conference room and share and record video, voice and
data.”
11. The “Virtual Meeting Room” landing page on the Masergy
website19 explains that a
Virtual Meeting Room (VMR) is a secured collaboration
space where people can meet at any time. VMR offers
multiple video conferencing participants incredible
interoperability from anywhere, on any device leveraging
WebRTC technology. VMR enables users to seamlessly join
a video conference, connecting desktop computers, tablets,
room systems, smartphones, softphones, and video phones.
Listed among the features are “Consistent user experience
across all your screens – phone calls, video calls, and content
sharing are the same on any device” and “Unified
Communications features including presence indicating,
instant messaging, content sharing[.]”
12. Cereno20 offers “Video Conferencing – Virtual Meeting Rooms
(VMR)” … “Built to suit your needs, your Virtual Meeting
Room will give you content and desktop sharing as well as
real-time activity reporting.”
13. The banner on the landing page for the AstraZeneca VMR
support portal21 states “Welcome to the Virtual Meeting Room
portal” with a button labeled “Introduction to VMR”
immediately below, including tutorials on how to join VMR
meetings.
14. The webpage for Indiana University’s videoconferencing
services22 explains that “A ‘23’ virtual meeting room (VMR)
allows multiple participants to meet and collaborate with full
two-way HD video and audio, screen sharing, and chat[,]” and
that “[a]ny IU faculty or staff member can create their own ‘23’

18 January 28, 2017 Office Action pp. 21-23 (‘327 application).
19 January 28, 2017 Office Action p. 13 (‘330 application).
20 January 28, 2017 Office Action p. 14 (‘330 application).
21 January 28, 2017 Office Action pp. 15-16 (‘330 application).
22 January 28, 2017 Office Action pp. 17-19 (‘330 application).
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VMR using the automated form[,]” which requires a “[v]irtual
meeting room name of your choice[,]” among other things.
15. A February 23, 2015 article on the Glowpoint website23 titled
“Glowpoint Bridges the Gap between Managed and Self-
Service Video Conferencing” reports the release of a new
“Innovative Hybrid Videoconferencing service” which allows
customers to
easily accommodate a variety of video meeting scenarios
that were previously unavailable through a self-service
virtual meeting room (VMR) solution. By taking advantage
of VMR technologies’ ‘self-service’ capabilities … business
users … ensure that everyone and every endpoint connects
to the VMR meeting securely, easily, and reliably.
16. TaraSpan24 offers a webinar titled “Why Virtual Meeting
Room (VMR) is the future of video conferencing[.]”
17. A May 27, 2015 blog post titled “How Virtual Meeting Rooms
Can Improve Your Business” on the Summit website25
explains “Virtual meeting rooms (VMR) help facilitate cost-
effective and spontaneous meetings in your organization.” …
“As VMRs are meeting rooms in the Cloud, employees can
arrange meetings right from their desktops or even while they
are traveling.” The post further explains that “Given its huge
potential, VMR offers significant advantages for employees
and organizations” and identifies “Supports Easy and Flexible
Content Sharing” as one such advantage.
18. Progressive26 advertises “A Unify ME virtual meeting room (or
VMR)” that is “as powerful as being there in person.” The
listed features include a “unique VMR code” and “Native
content sharing[.]” The website also provides a link to
“Download Unify ME VMR Data Sheet.”
19. The AVI-SPL landing page for Virtual Meeting Rooms27
advertises the ability to “Connect instantly with anyone” and

23 January 28, 2017 Office Action p. 27 (‘330 application).
24 January 28, 2017 Office Action pp. 28-31 (‘330 application).
25 January 28, 2017 Office Action pp. 32-35 (‘330 application).
26 September 19, 2016 Office Action pp. 12-14 (‘330 application).
27 September 19, 2016 Office Action pp. 15-19 (‘330 application).
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provides a link to “SEE OUR VMR SERVICES.” The webpage
provides the following “Overview”:
AVI-SPL’s Virtual Meeting Room (VMR) collaboration
services consolidate real-time conferencing tools – voice,
video, content, and web – into a single solution, allowing
users to connect anytime, anywhere using any device. We
provide a suite of vendor-agnostic VMR solutions designed
to fit each client’s unique use and system infrastructure
needs. You select the technology partner, deployment
model, and payment options that are right for you. Get
more information about your virtual meeting room project
by filling out our online VMR request form.
The next page touts “The Value of VMR,” including “[s]ingle
solution for video-web-audio collaboration” and “[i]t’s your
personal conference room without walls – available 24/7[.]” …
“See our VMR overview sheet for more information. To bring
the Virtual Meeting Room service into your business, call us
…..”
20. Polycom28 offers “[p]owerful video collaboration software” that
“brings every site around the world together in virtual meeting
rooms, putting video conferencing at your fingertips. …
During the meeting, anyone can share and interact with
documents or use a whiteboard for ad-hoc brainstorming
sessions.”
21. Zultys29 announced a new video webcast feature for its web
conferencing and collaboration solution:
MXmeeting now combines video, voice, desktop web
interaction, instant messaging, virtual meeting rooms,
online presentations, file sharing, training and
demonstration tools into a single system to help companies
slash travel costs and respond more quickly to customer
needs – all with easy to use controls.
One main feature is the ability to upload files to “directly
distribute files to conference attendees.”

28 August 17, 2017 Final Office Action p. 11 (both applications).
29 August 17, 2017 Final Office Action pp. 28-30 (both applications).
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22. A November 13, 2015 blog post by Chip Manning on the
VDO360 website30 titled “How Virtual Meeting Rooms Are
Beating Traditional Boardrooms” extols “The Benefits of
Virtual Meeting Rooms” including “Sharing written or visual
content (like documents and slideshows).” … “In sum, virtual
meeting rooms take the best of what today’s business IT has
to offer and combines those features – like audio, video,
messaging and file sharing – into a suite that fits nicely into
business plans and budgets.”
23. A January 9, 2015 post on the VCA News & Blog webpage31
titled “Are Virtual Meeting Rooms the Future of Enterprise
Video Communication?” explains that
Cloud-based virtual meeting rooms (VMRs) offer the right
blend of simple, one-touch set up and good quality visual
communication. Because a VMR cuts down the hassle of
expensive hardware installations, cloud-based VMRs are a
cost effective way to meet an organization’s video-
collaboration needs. With a range of powerful features
including 2D and 3D video broadcasting, mobile support,
file sharing, IMs, VOIP, call recording, etc., VMRs are a
step ahead of the traditional video conferencing systems.
24. The landing page for 5LINX Business Elite Web Connect32
explains various features and benefits of this service, such as
virtual whiteboard, video and document sharing, meeting chat
and note tools, and video postcards, concluding that “All of this
functionality exists in a secure virtual meeting room that gives
the host complete control over attendee permissions and
interactions.”
25. The overview webpage for ReadyTalk Hosted Voice33 explains
that “ReadyTalk Hosted Voice is a cloud-based business phone
service, plus a suite of communications and collaboration
solutions: messaging and presence, audio and video
conferencing, screen sharing, file sharing, and virtual meeting
rooms.”

30 August 17, 2017 Final Office Action pp. 31-34 (both applications).
31 August 17, 2017 Final Office Action pp. 35-38 (both applications).
32 August 17, 2017 Final Office Action pp. 45-47 (both applications).
33 August 17, 2017 Final Office Action p. 48 (both applications).
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In addition to the evidence outlined above, Applicant submitted specimens
showing that Applicant’s use of the terms VIRTUAL MEETING ROOM and VMR is
consistent with the many third-party uses of record. One such specimen consists of a
photograph of a smart phone display of Applicant’s app for “Virtual Meeting Room
(VMR) for Architects & Engineers,”34 which allows the user to “[v]iew live streaming
video and presentation content on your mobile device[.]” This specimen explains that
The VideoBank Virtual Meeting Room (VMR) is a full-
featured communication platform that enables
geographically disparate construction and design teams to
collaborate with each other in real time, even under low-
bandwidth conditions. It offers cross-platform browser
access for the sharing and distribution of project data and
presentations.
The VMR facilitates the processing, examination and
dissemination of media and data for project teams via a
browser interface, enabling content sharing, research and
analysis:
●Live and post-event capture of video, audio,
images, documents and other media file types
●Data, graphics, video and digital resources are
linked into a secure, virtual, interactive interface
●Rich media functionality that includes live and
recorded video streaming, map and image capture
and distribution
●Import photos, videos, messaging, or emails from
your mobile device gallery

34 Specimen submitted with Applicant’s January 7, 2017 Response to Office Action, which
Applicant describes as “a screenshot of what Applicant’s customers see when they access the
computer services” (‘330 application).
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●Capture photos and videos from your mobile device
while in the app
●Analyze and review up-to-the minute project status
Finally, the Examining Attorney submitted a printout from the Soft112.com
website,35 which “lists downloads from various software publishers” and provides a
link to Applicant’s “Virtual Meeting Room (VMR) 2.0.412” software. Soft112.com
describes Applicant’s product as “Server-Hosted Virtual Meeting Room (VMR)
technology” that allows users to “instantly capture and contribute digital content to
any VMR session folder….” Soft112.com lists the following “Features” of Applicant’s
identified goods:
●Become a fully active participant in dynamic Virtual
Meeting Room events.
●VideoBank VMR Web Services handle all remote access
& content sharing functionality for your mobile
participation in VMR collaboration sessions.
●Comprehensive file and folder management of both Local
and VMR Server-based digital asset clip bins.
●Capture of photo & videos from within the App.
●View live streaming video presentation & content share
canvas.
The comprehensive evidence submitted by the Examining Attorney demonstrates
that many types of customers, including businesses, educational facilities, and
governmental entities, use virtual meeting rooms as an alternative to face-to-face
meetings in physical meeting rooms, and that the ability to share documents, images,

35 August 17, 2017 Final Office Action pp. 53-56.
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graphics, and text is a key aspect of virtual meeting rooms. The evidence further
shows that the relevant public uses and understands VMR as an acronym for and
substantially synonymous with the generic term “virtual meeting room.” Indeed, the
bulk of the evidence discussed above uses the terms “virtual meeting room” and
“VMR” interchangeably to refer to a location for an online meeting in which
organizers and participants collaborate by sharing documents, images, graphics, and
text in real time. Applicant’s own specimens demonstrate that Applicant is using the
terms VIRTUAL MEETING ROOM and VMR in a manner consistent with the
various third-party uses, and the Soft112.com website evidence provides further
support for this finding. The evidence and Applicant’s specimens clearly demonstrate
that the functions of Applicant’s identified software and computer programs are key
aspects of virtual meeting rooms, which also are known as VMRs.
3. Applicant’s arguments
In both briefs,36 Applicant relies on the following language from Judge Posner in
Ty Inc. v. Softbelly’s Inc., 353 F.3d 528, 69 USPQ2d 1213, 1215 (7th Cir. 2003), to
restate the test for determining whether a term is generic: “To determine that a
trademark is generic and thus pitch it into the public is a fateful step” and “ordinarily
is not taken until the trademark has gone so far toward becoming the exclusive
descriptor [sic] of the product that sellers of competing brands cannot compete
effectively without using the name to designate the product they are selling.”
However, in making our determination of genericness, we follow the test set forth in

36 4 TTABVUE 4 (both applications).
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Marvin Ginn, discussed above. Under this test, a term need not be “the exclusive
descriptor of the product” in order to be found generic. Thus, while we agree with
Applicant37 that the record includes evidence that a virtual meeting room also might
be referred to as a “virtual meeting space,” that does not make the term “virtual
meeting room” any less generic. 1800Mattress.com, 92 USPQ2d at 1685 (Fed. Cir.
2009) (“any term that the relevant public understands to refer to the genus ... is
generic”). There is nothing unusual about a product or a service having more than
one generic name. Roselux Chem. Co. v. Parsons Ammonia Co., 299 F.2d 855, 132
USPQ 627, 632 (CCPA 1962) (“Consider, however, that the product commonly known
as tooth paste is also commonly known as dentifrice and dental cream. A gravestone
is also commonly known as a headstone, a tombstone and a monument.”). “‘There is
usually no one, single and exclusive generic name for a product. Any product may
have many generic designations. Any one of those is incapable of trademark
significance.’” Frito-Lay N. Am., Inc. v. Princeton Vanguard, LLC, 124 USPQ2d 1184,
1201 (TTAB 2017) (quoting 2 J. THOMAS MCCARTHY, MCCARTHY ON TRADEMARKS &
UNFAIR COMPETITION § 12:9 (4th ed. June 2017 Update).
Referring to the definition of “virtual meeting room” from Search Unified
Communications, listed above, Applicant also contends38 that “the mere fact that a
term is defined in a dictionary is insufficient evidence that the term is generic.” Even
assuming, arguendo, that Applicant is correct, the Examining Attorney presented,

37 4 TTABVUE 5 (both applications).
38 4 TTABVUE 4 (both applications).
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and we listed above, significant other evidence to support a finding that the term
“virtual meeting room” is generic for the goods identified in the application.
Finally, with respect to the term VMR, Applicant argues that the Examining
Attorney presented insufficient evidence to support a finding that the relevant public
understands the term to refer to “virtual meeting room.” Applicant points out that in
every instance, the term VMR is “introduced by being spelled out in full,”39 which,
according to Applicant, demonstrates that the public otherwise would not understand
the meaning of the term. We do not find these arguments persuasive. The evidence
of record is clear, and more than ample to support a finding that VMR is a recognized
acronym for and substantially synonymous with the generic designation “virtual
meeting room.” While Applicant correctly notes that the term VMR does not appear
without having first been “spelled out in full,” we consider this nomenclature to be
simply a writing convention, rather than evidence to support the conclusion Applicant
urges.
III. Conclusion
Having considered all of the arguments and evidence of record, including those
not specifically discussed herein, we find that (1) Applicant’s proposed mark
VIRTUAL MEETING ROOM is a generic term that is understood by the relevant
public primarily to refer to an online, rather than physical, location for conferencing
and collaborating, where attendees can share images, graphics, text, and documents
in real time, (2) the ability to share such materials in real time is a key aspect of a

39 4 TTABVUE 5-7 (‘330 application).
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“virtual meeting room,” such that the term “virtual meeting room” is generic for
software for processing images, graphics, and text, and computer programs for
document management that facilitate collaboration during online meetings, and (3)
VMR is an acronym for and substantially synonymous with the generic term
VIRTUAL MEETING ROOM, and would be readily understood as such by the
relevant public. Accordingly, the proposed marks are not entitled to registration on
the Supplemental Register.
Decision: The refusal of registration under Section 23(c) of the Trademark Act on
the ground that the proposed marks are generic is AFFIRMED as to each application.