M6 Ventures LLC

Trademark Trial and Appeal Board

Aug 20, 2008

No. 78911613 (T.T.A.B. Aug. 20, 2008)

Mailed: August 20, 2008
PTH

UNITED STATES PATENT AND TRADEMARK OFFICE
________

Trademark Trial and Appeal Board
________

In re M6 Ventures LLC
________

Serial Nos. 78911566 and 78911613
_______

Kathleen A. Pasulka of Procopio Cory Hargreaves & Savitch
LLP for M6 Ventures LLC.

Mary D. Munson-Ott, Trademark Examining Attorney,1
Law Office 104 (Chris Doninger, Managing Attorney).
_______

Before Seeherman, Hairston and Walters, Administrative
Trademark Judges.

Opinion by Hairston, Administrative Trademark Judge:

Applications have been filed by M6 Ventures LLC to
register the marks GANGA and GANGA $5 & UNDER2 for “retail

1 A different examining attorney examined the applications; the
applications were assigned to the present examining attorney at
the appeal stage.
2 Serial Nos. 78911566 and 78911613, respectively, each filed on
June 19, 2006, based on an allegation of a bona fide intention to
use the mark in commerce. At the request of the examining
attorney, applicant submitted the following translation statement
in each application: “The foreign wording in the mark translates
into English as bargain.” Also, in Serial No. 78911613,
applicant disclaimed the term “$5 & UNDER” apart from the mark as
shown.
THIS OPINION IS NOT A
PRECEDENT OF THE TTAB
Ser No. 78911566 and 78911613
2
department store services” in International Class 35.
Registration has been finally refused in each case
pursuant to Section 2(e)(1) of the Trademark Act, 15 U.S.C.
1052(e)(1), on the ground that applicant’s mark is merely
descriptive of the identified services.
Applicant, in each case, has appealed. Applicant and
the trademark examining attorney have filed briefs.
Because the cases have been consolidated and the issue in
each case is the same, the appeals have been treated in a
single opinion.
The examining attorney maintains that the term “ganga”
is the Spanish word for “bargain,” and that “bargain” is a
descriptive term for retail stores that feature goods at
discount prices. Therefore, the examining attorney argues
that GANGA is merely descriptive of applicant’s identified
services.
Applicant admits that the term “ganga” means “bargain”
in Spanish (June 10, 2008 Response to Office Action).
However, applicant argues that the term “ganga” also means
“gang” in “Spanglish;”3 that there are many Spanish phrases

3 We judicially notice that “Spanglish” is defined as “Spanish
spoken with a large admixture of English, esp. American words and
expressions.” Random House Unabridged Dictionary (2006).
Ser No. 78911566 and 78911613
3
which mean “bargain,” and, therefore, “it is unlikely that
American buyers familiar with Spanish would assume that
[the mark GANGA] has a descriptive or generic meaning as
applied to the services of Applicant.” (Brief at p. 3).
We must first determine whether the examining attorney
has established that the word “bargain” is merely
descriptive of applicant’s identified services, namely,
“retail department store services.”
The test for determining whether a term is merely
descriptive is whether it forthwith conveys an immediate
idea of a quality, characteristic, function, feature,
ingredient, attribute or feature of the goods or services
in connection with which it is used, or intended to be
used. See, e.g., In re Gyulay, 820 F.2d 1216, 3 USPQ2d
1009 (Fed. Cir. 1987); In re Abcor Development Corp., 588
F.2d 811, 200 USPQ 215 (CCPA 1978). It is not necessary,
in order to find a term merely descriptive, that the term
describe each and every feature of the goods or services,
only that it describe a single ingredient, quality,
characteristic or feature of the goods or services. See In
re H.U.D.L.L.E., 216 USPQ 358 (TTAB 1982); In re
MBAssociates, 180 USPQ 338 (TTAB 1973).
Whether a term is merely descriptive is determined not
in the abstract, but in relation to the goods or services
Ser No. 78911566 and 78911613
4
for which registration is sought, the context in which it
is used or intended to be used on or in connection with
those 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., 204 USPQ 591 (TTAB
1979).
The examining attorney has submitted excerpts
retrieved from the Internet showing uses of the word
“bargain” in connection with retail store services. The
following are examples:
Outlet/Bargain Stores
Overstock.com – Come shop at Overstock.com to find
the real Deals! http://www.christmasgifts.com

O.U.R. Mission Bargain Stores
Bargains are often all that the needy can afford.
Others can’t resist them! If you love bargain
hunting, you’ll love the Mission’s Bargain Stores.
http://ourm.org/stores

NEW YORK Buying into the Big Apple
Boutiques, bargain stores and big retailers add to
the city’s appeal. http://www.sfgate.com

Bargain stores are popping up all over the country,
Larry wrote to tell about a location that just
opened up in his area …
http://www/betterbuilding.com

Buying Luxury At a Bargain Store
Sensing Middle-Class Consumers With Luxury
Ambitions, Discount Chains Stock More High-End
Items http://abcnews.go.com
Ser No. 78911566 and 78911613
5
Further, the examining attorney submitted copies of
third-party registrations for marks containing the word
BARGAIN, with a disclaimer thereof, for retail store
services in various fields. Examples include Registration
No. 2326653 for the mark BARGAIN BLITZ (BARGAIN disclaimed)
for “retail store services in the field of sporting goods;”
Registration No. 2588124 for the mark BARGAIN ALLEY
(BARGAIN disclaimed) for “retail store services;”
Registration No. 2731479 for the mark FINGER’S WAREHOUSE
BARGAIN BASEMENT (WAREHOUSE BARGAIN BASEMENT disclaimed)
for “retail furniture stores;” Registration No. 2945705 for
the mark BARGAIN COUNTDOWN (BARGAIN disclaimed) for “online
retail ordering services” featuring a variety of electronic
and computer products; and Registration No. 3082607 for the
mark B BARGAIN WORLD (BARGAIN disclaimed) for “retail gift
shop services; retail store services featuring souvenirs,
shoes, clothing and toys.”
In addition, the examining attorney submitted an entry
from the The American Heritage Dictionary of the English
Language (4th ed. 2000) where the word “bargain” is defined,
inter alia, as: “3. Something offered or acquired at a
price advantageous to the buyer.”
It is clear from the examining attorney’s evidence
that the word “bargain” has descriptive significance when
Ser No. 78911566 and 78911613
6
used in connection with retail stores featuring discounted
or low price merchandise. Therefore, prospective
purchasers who encounter the word “bargain” for retail
stores would immediately understand that the word describes
a significant feature of such stores, namely, that they
feature discounted or low price merchandise. Applicant’s
identification “retail department store services” is broad
enough to encompass stores that sell merchandise of this
type. We find, therefore, that the term “bargain” is
descriptive of applicant’s identified services.
We next must determine whether the term “ganga” is the
foreign equivalent of the word “bargain.” The Federal
Circuit has recently discussed the applicability of the
doctrine of foreign equivalents.
Under the doctrine of foreign equivalents, foreign
words from common languages are translated into
English to determine genericness, descriptiveness,
as well as similarity of connotation in order to
ascertain confusing similarity with English word
marks …
Although words from modern languages are generally
translated into English, the doctrine of foreign
equivalents is not an absolute rule and should be
viewed merely as a guideline …
The doctrine should be applied only when it is
likely that the ordinary American purchaser would
“stop and translate [the word] into its English
equivalent.” In Pan Tex Hotel Corp., 190 USPQ 109,
110 (TTAB 1976).

Palm Bay Imports Inc. v. Veuve Clicquot Ponsardin Maison
Fondee En 1772, 396 F.3d 1369, 73 USPQ2d 1689, 1696 (Fed.
Ser No. 78911566 and 78911613
7
Cir. 2005). The “ordinary American purchaser” for purposes
of the doctrine is a purchaser of goods and services who is
knowledgeable in the foreign language.
The examining attorney presented an excerpt from the
online translation site http://www/ultralingua.com
showing that the term “ganga” is the Spanish equivalent of
“bargain.” Further, as previously indicated, applicant has
admitted that “ganga” means “bargain” in Spanish, and has
supplied a translation for the record that “The foreign
wording in the mark translates into English as bargain.”
Although applicant has submitted evidence showing that
there are other Spanish terms that mean “bargain,” the
existence of these other terms does not in any way lessen
the descriptive significance of the word “ganga.” See
Roselux Chemical Co., Inc. et al. v. Parsons Ammonia
Company, Inc., 132 USPQ 627 (CCPA 1962); Meehanite Metal
Corp. v. The International Nickel Co., Inc., 120 USPQ 293
(CCPA 1959). Also, there is no evidence in this case which
suggests that “ganga” is an obscure Spanish term. Indeed,
in the excerpt submitted by applicant from the online
translation site http://www.word reference.com, “ganga” is
listed in entry no. 2 for the word “bargain.”
Finally, with respect to applicant’s contention that
“ganga” has another meaning, namely, “gang” in “Spanglish,”
Ser No. 78911566 and 78911613
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as we previously stated, whether a term is merely
descriptive must be determined in the context in which it
is used or intended to be used in connection with the goods
or services. In the context of applicant’s retail
department store services, purchasers would readily
understand “ganga” to mean “bargain.” That “ganga” may
have another meaning in a different context is not
controlling.
In view of the foregoing, we find that the mark GANGA
is merely descriptive of applicant’s retail department
store services.
As noted, in Serial No. 78911613 which covers the
mark GANGA $5 & UNDER, applicant disclaimed the term $5 &
UNDER. This term is clearly descriptive of retail
department store services as it forthwith conveys an
immediate idea of a feature of such services, namely, that
at least some of the merchandise sold therein retails for
five dollars and under. We find that the two merely
descriptive terms which comprise applicant’s mark in this
application, i.e., GANAGA and $5 & UNDER, are likewise
merely descriptive when considered together. It is
possible that two terms which in themselves are merely
descriptive may be combined into a composite term which is
not merely descriptive because it is more than the sum of
Ser No. 78911566 and 78911613
9
its parts. In such cases, combining or juxtaposing the two
descriptive terms may result in an inventive or incongruous
new composite. However, this is not such a case. While
combining a Spanish term and an English term to form a
composite term may be somewhat unusual, there is nothing
incongruous or particularly inventive about combining the
Spanish term GANGA and the English term $5 & UNDER into
GANGA $5 & UNDER, where that composite is used in
connection with retail department store services featuring
merchandise that retails for five dollars and under.
Accordingly, we find that the mark GANGA $5 & UNDER is
merely descriptive of applicant’s retail department store
services.
Decision: The refusals to register under Section
2(e)(1) in application Serial Nos. 78911566 and 78911613
are affirmed.