Polar Ware Company

Trademark Trial and Appeal Board

Aug 12, 2009

No. 77276259 (T.T.A.B. Aug. 12, 2009)

Mailed:
August 12, 2009
Bucher

UNITED STATES PATENT AND TRADEMARK OFFICE
________

Trademark Trial and Appeal Board
________

In re Polar Ware Company
________

Serial No. 77276259
_______

Peter N. Jansson of Jansson Shupe & Munger Ltd. for Polar
Ware Company.

Ingrid C. Eulin, Trademark Examining Attorney, Law Office
111 (Craig D. Taylor, Managing Attorney).
_______

Before Hairston, Bucher and Bergsman, Administrative
Trademark Judges.
Opinion by Bucher, Administrative Trademark Judge:
Polar Ware Company seeks registration on the
Principal Register of the mark ARTISAN METALWORKS (in
standard character format) for “stainless steel and aluminum
cookware, namely, fry pans, braziers, double boilers,
sauce pans, sauce pots, stock pots, sauté pans and pan
covers; and serving products, namely, trays, platters,
THIS OPINION IS NOT A
PRECEDENT OF THE TTAB
Serial No. 77276259
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pots, bowls and dishes for the retail and commercial food
industry” in International Class 21.1
The Trademark Examining Attorney refused registration
on the ground that the term is merely descriptive under
Section 2(e)(1) of the Trademark Act, 15 U.S.C.
§ 1052(e)(1).
After the Trademark Examining Attorney made the
refusal final, applicant appealed to this Board. We
affirm the refusal to register.
A mark is merely descriptive, and therefore
unregistrable pursuant to the provisions of Section
2(e)(1) of the Trademark Act, 15 U.S.C. § 1052(e)(1), if
it immediately conveys information of a significant
ingredient, quality, characteristic, feature, function,
purpose or use of the goods or services with which it is
used or is intended to be used. In re Abcor Development
Corp., 588 F.2d 811, 200 USPQ 215, 217 (CCPA 1978)
[GASBADGE merely descriptive of a “gas monitoring badge”].
See also In re MBNA America Bank N. A., 340 F.3d 1328, 67
USPQ2d 1778, 1780 (Fed. Cir. 2003) [MONTANA SERIES and

1 Application Serial No. 77276259 was filed on September 11,
2007 based upon applicant’s allegation of a bona fide intention to
use the mark in commerce. No claim is made to the exclusive right
to the word “Metalworks” apart from the mark as shown.

Serial No. 77276259
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PHILADELPHIA CARD merely descriptive of “credit card
services.” The Court found that a “mark is merely
descriptive if the ultimate consumers immediately
associate it with a quality or characteristic of the
product or service.”]. Hence, the ultimate question
before us is whether the term ARTISAN METALWORKS conveys
information about a significant feature or characteristic
of applicant’s goods with the immediacy and particularity
required by the Trademark Act.
A mark is suggestive, and therefore registrable on
the Principal Register without a showing of acquired
distinctiveness, if imagination, thought or perception is
required to reach a conclusion on the nature of the goods
or services. In re Gyulay, 820 F.2d 1216, 3 USPQ2d 1009
(Fed. Cir. 1987) [APPLE PIE merely descriptive of potpourri
mixture: “Whether a given mark is suggestive or merely
descriptive depends on whether the mark ‘immediately
conveys … knowledge of the ingredients, qualities, or
characteristics of the goods … with which it is used,’ or
whether ‘imagination, thought, or perception is required
to reach a conclusion on the nature of the goods.’”
(citation omitted)].
Serial No. 77276259
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The question of whether a particular term is merely
descriptive is not decided in the abstract. That is, when
we analyze the evidence of record, we must keep in mind
that the test is not whether prospective purchasers can
guess what applicant’s goods are after seeing applicant’s
mark alone. In re Abcor, 200 USPQ at 218 [“Appellant’s
abstract test is deficient – not only in denying
consideration of evidence of the advertising materials
directed to its goods, but in failing to require
consideration of its mark ‘when applied to the goods’ as
required by statute”]; In re Home Builders Association of
Greenville, 18 USPQ2d 1313
(TTAB 1990) [NEW HOME
BUYER’S GUIDE merely descriptive of “real estate
advertisement services”]; and In re American Greetings
Corp., 226 USPQ 365, 366 (TTAB 1985) [APRICOT is merely
descriptive of apricot-scented dolls]. Rather, the proper
test in determining whether a term is merely descriptive
is to consider the applied-for mark in relation to the
goods or services for which registration is sought, the
context in which the mark is used, and the significance
that the mark is likely to have on the average purchaser
Serial No. 77276259
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encountering the goods or services in the marketplace.
See In re Omaha National Corp., 819 F.2d 1117, 2 USPQ2d
1859 (Fed. Cir. 1987) [the term
“first tier” describes a class
of banks]; In re Intelligent

Instrumentation Inc., 40 USPQ2d 1792 (TTAB 1996) [the term
VISUAL DESIGNER is merely descriptive of “computer programs
for controlling the acquisition of data from measurement
devices”]; In re Pennzoil Products Co., 20 USPQ2d 1753
(TTAB 1991) [MULTI-VIS is merely descriptive of “multiple
viscosity motor oil”]; In re Engineering Systems Corp.,
2 USPQ2d 1075 (TTAB 1986) [DESIGN GRAPHIX merely
descriptive of computer graphics programs]; and In re
Bright-Crest, Ltd., 204 USPQ 591 (TTAB 1979) [COASTER-CARDS
merely descriptive of a coaster suitable for direct
mailing].
It is the position of the Trademark Examining
Attorney that applicant’s identified products are
handcrafted, metal objects. She contends that the
evidence placed into the record amply demonstrates the
descriptive nature of the applied-for mark in the context
of these goods in that it immediately tells consumers that
Serial No. 77276259
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skilled artisans have tooled these cookware and serving
items made of stainless steel and aluminum.
By contrast, in support of registrability, applicant
argues that its mark is, at most, suggestive inasmuch as
applicant is a large manufacturer employing engineers and
toolers using state-of-the-art technologies in the design
and manufacture of goods that will be marketed and sold
as high-end cookware to consumers, restaurants and banquet
facilities. Finally, applicant argues that the mere
presence of the word ‘artisan’ in a mark does not imply
handmade products inasmuch as “there are literally
hundreds of ‘artisan’ trademarks registered with the
United States Patent and Trademark Office, some for goods
that are handmade, and others that are for goods that are
clearly not.”
As evidence in support of her position, the Trademark
Examining Attorney submitted: (1) dictionary entries
showing that “artisan” means a skilled craftsperson, and
that “metalwork” is a broad category of decorative objects
made of various metals; (2) third-party registrations
where the word “artisan” is disclaimed; and (3) printouts
from various Internet websites, which show the use of
artisan to refer to the craftspersons who create cookware
and other decorative objects from metal.
Serial No. 77276259
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We turn first to the various dictionary entries
placed into the record of the individual terms “Artisan”
and “Metalwork”:
artisan
One entry found.
Main Entry: ar·ti·san
Pronunciation: \ˈär-tə-zən, -sən, chiefly British ˌär-tə-ˈzan\
Function: noun
Etymology: Middle French, from northern Italian dialect form of Tuscan
artigiano, from arte art, from Latin art-, ars
Date: 1538
1 : a worker who practices a trade or handicraft : CRAFTSPERSON
2 : one that produces something (as cheese or wine) in limited quantities
often using traditional methods
— ar·ti·san·al \-zə-nəl, -sə-, -ˈza-\ adjective
— ar·ti·san·ship \-ˌship\ noun 2

ar·ti·san (är t -z n, -s n)
NOUN:
A skilled manual worker; a craftsperson.
ETYMOLOGY:
Probably French, from Italian artigiano, from Vulgar Latin *artiti nus, from
Latin art tus, skilled in the arts, past participle of art re, to instruct in the arts,
from ars , art-, art; see ar- in Indo-European roots
OTHER FORMS:
ar ti·san·al (är t -z -n l, -s -, är t -z n l) (Adjective),
ar ti·san·ship (Noun) 3

artisan
ar·ti·san [ ïrtəz'n ] (plural ar·ti·sans)
noun
Definition:
skilled craftsperson: somebody who is skilled at a craft

2 http://www.merriam-webster.com/dictionary/artisan

3 The American Heritage® Dictionary of the English Language,
Fourth Edition, 2000.

Serial No. 77276259
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[Mid-16th century. Via French< Italian artigiano< Latin artit-,
past participle of artire "instruct in the arts" < art- "skill"]
ar·ti·san·ship noun 4

metalwork
One entry found.
Metalwork

Main Entry: met·al·work
Pronunciation: \-ˌwərk\
Function: noun
Date: circa 1845
: the product of metalworking; especially : a metal object of artistic
merit
— met·al·work·er \-ˌwər-kər\ noun
Learn more about "metalwork" and related topics at Britannica.com
See a map of "metalwork" in the Visual Thesaurus
5

met·al·work (m t l-wûrk )
NOUN:
Articles, especially decorative objects, made of metal.
6

metalwork
met·al·work [ métt'l wùrk ]
noun
Definition:
1. making of metal objects: the craft of making objects out of
metal
2. metal things: objects made of metal
3. metal part of something: the metal part of an object
met·al·work·er noun
met·al·work·ing noun 7

4 http://encarta.msn.com/dictionary_/artisan.html

5 http://www.merriam-webster.com/dictionary/metalwork

6 The American Heritage® Dictionary of the English Language,
Fourth Edition, 2000.

7 http://encarta.msn.com/dictionary_/metalwork.html

Serial No. 77276259
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As to third-party registrations where composite marks
contain the word “artisan,” the Trademark Examining
Attorney has included copies of registrations for a wide
variety of goods and services where the word “artisan” is
disclaimed. Applicant has merely listed other
registrations where it is allegedly not disclaimed.
Neither showing is particularly probative to our
determination herein.
Nonetheless, we find based upon the dictionary
definitions, that each of these two words is merely
descriptive of the listed goods. Furthermore, these two
descriptive terms, when combined, fit neatly together. We
note that both sets of definitions call attention to
skilled crafts. In general, consumers faced for the first
time with this combination of words will immediately know
a significant feature or characteristic of applicant’s
goods, namely, the involvement of a craftsperson skilled
in making decorative objects out of metal. See In re
Tower Tech, Inc., 64 USPQ2d 1314, 1316-1317 (TTAB 2002)
[the question is whether someone who knows the products
and services will understand the mark to convey
information about them]. In some cases, as seen from an
Internet screen-print from Ten Thousand Villages, North
America’s largest Fair Trade organization marketing
Serial No. 77276259
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artisan-produced handcrafts from the developing world,
“artisan metalwork” refers to decorative, artistic items:
8

8 http://www.tenthousandvillages.com/catalog/story.detail.php?story_id=120

Serial No. 77276259
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Irrespective of material composition, cookware from
around the world is touted as being created by “artisans”:

We're thrilled to offer a design that really caught our eye:
Flamma. Direct from Italy, the Piral Flamma design is only
available in from Chef's Resource. An artisan creates each pot's
flame design by hand; each pot is slightly different and unique.
Stew in Italian style with the Piral Stew Pot. In an artisan
design that resembles the classic cookware of Italy, the Piral
Stew Pot is made of all-natural Italian clay sealed with an enamel
coating on the interior and exterior for cookware that is
convenient and healthy to cook in. Prepare soups or stews in
this artisanal pot with a bright flaming exterior coloring and then
transport it to the stove by the two loop-side-handles. Don't pass
up this exclusive opportunity to own the Piral Stew Pot with Lid. 9
The Examining Attorney also placed into the record
Internet articles demonstrating that a desirable feature
of high-end, metal cookware, whether made of stainless
steel, copper, cast iron or aluminum, is the appeal of a
product allegedly made one-at-a time by a craftsperson,
rather than being churned out cookie-cutter style by
large, impersonal machinery. Whether the terminology is
“artisan” or “handcrafted,” the connotation is the same:
NapaStyle Artisan Stainless and
Copper 10 PC Cookware Set

NapaStyle handcrafted products that Napa
Valley chef, vintner, TV host and author,
Michael Chiarello, markets in four NapaStyle
retail stores, online, and via catalog. 10

9 http://www.chefsresource.com/piral-stew-pot-flamma.html

10 www.shopwiki.com/ and
http://www.napastyle.com/catalog/product.jsp?productId=1583&parent
CategoryId=517&categoryId=662&subCategoryId=662

Serial No. 77276259
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Lodge Manufacturing has a line of enamel cast iron used mostly in the
home kitchen (pictured to the right). The beauty of this handcrafted
cookware allows people the comfort of taking it from the oven or
stove right to the table for serving.
This is one of those "no need to season" cast iron cookware products
I mentioned. You can use it for all types of cooking as well as
marinating, refrigerating or freezing! Because of its enamel finish it
should not be subjected to temperatures higher than 450 degrees F. 11

Handcrafted from
Kitchen Trends
volume 2113

Quality, handcrafted
cookware manufactured
in Germany is designed
to facilitate gourmet
cooking. It is available
from Eurolux.
12

Accordingly, when these two descriptive terms –
“artisan” and “metalwork” – are combined into ARTISAN
METALWORKS, as presented in the standard-form drawing,
the separate meanings of the individual components are not
lost. Nor does the combination create any double entendre
or incongruity that might render the combination

11 http://www.real-restaurant-recipes.com/dutch-ovens.html

12 http://trendsideas.com/ViewArticle.aspx?article=5775&
region=3

Serial No. 77276259
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registrable as a mark. Accordingly, we find that when
these two components of the alleged mark are combined into
ARTISAN METALWORKS, it continues to be merely
descriptive of these goods. See In re Abcor Development
Corporation, 200 USPQ at 219 [J. Rich concurring that “the
present name of the [gas monitoring badge] is GASBADGE”].
Decision: The refusal to register the term ARTISAN
METALWORKS under Section 2(e)(1) of the Lanham Act is
hereby affirmed.