Ruth Ann Lingwall and Clinton D. Lingwall

Trademark Trial and Appeal Board

Sep 20, 2019

87681004 (T.T.A.B. Sep. 20, 2019)

This Opinion is Not a
Precedent of the TTAB

Mailed: September 20, 2019

UNITED STATES PATENT AND TRADEMARK OFFICE
_____

Trademark Trial and Appeal Board
_____

In re Lingwall and Lingwall
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Serial No. 87681004
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Ruth Ann Lingwall and Clinton D. Lingwall, pro se.

Andrea B. Cornwell,1 Trademark Examining Attorney, Law Office 115,
Daniel Brody, Managing Attorney.
_____

Before Lykos, Adlin and Dunn,
Administrative Trademark Judges.

Opinion by Lykos, Administrative Trademark Judge:
Ruth Ann Lingwall and Clinton D. Lingwall (“Applicants”) seek to register on the
Principal Register the mark LINGWALL PRODUCTS LLC in standard characters
for
Publishing books in the field of self-help; Publishing books
in the field of family life; Publishing books in the field of
spirituality/religion; Publishing of books, e-books, audio
books, music and illustrations; Publishing of electronic
publications; Publishing of journals, books and handbooks
in the field of medicine; Publishing of reviews; Publishing

1 Contrary to Applicants’ assertions, we see nothing in the record to suggest that the
Examining Attorney’s surname unduly influenced the outcome of this appeal.
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of web magazines; Book publishing; Electronic publishing
services, namely, publication of text and graphic works of
others on DVD featuring testimonials; Electronic
publishing services, namely, publication of text and
graphic works of others on DVD featuring Self-help;
Electronic publishing services, namely, publication of text
and graphic works of others on e-books featuring self-help;
Electronic publishing services, namely, publication of text
and graphic works of others on e-books featuring family life
and choices; Electronic publishing services, namely,
publication of text and graphic works of others on e-books
featuring women lifestyle; Electronic publishing services,
namely, publication of text and graphic works of others on
e-books featuring spirituality/religion; Music publishing
services; On-line journals, namely, blogs featuring self-
help, spirituality, family lifestyle, book reviews, and
natural health product reviews; Online electronic
publishing of books and periodicals; Publication and
editing of printed matter; Publication of text books;
Publication of on-line magazines
in International Class 41.2
The Trademark Examining Attorney has refused registration of Applicants’ mark
under Section 2(e)(4) of the Trademark Act, 15 U.S.C. § 1052(e)(4), on the ground that
it is primarily merely a surname.
When the refusal was made final, Applicants appealed and requested
reconsideration which was denied. For the reasons set forth below, we affirm the
refusal to register.

2 Application Serial No. 87681004, filed November 11, 2017, under Section 1(b) of the
Trademark Act, 15 U.S.C. § 1051(b), alleging a bona fide intent to use the mark in commerce.
The mark appears on the drawing page in initial capital letters as “Lingwall Products LLC”
but this does not change the mark from the standard character form for which Applicant
sought registration to a special form. See In re Calphalon Corp., 122 USPQ2d 1153 n.1 (TTAB
2017) (citing In re Star Belly Stitcher, Inc., 107 USPQ2d 2059 n.1 (TTAB 2013)). Our
reference to the mark in all uppercase letters reflects the fact that a term registered as a
mark in “standard character” form is not limited to any particular font style, size, or color.
Serial No. 87681004
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Section 2(e)(4) of the Trademark Act provides that absent a showing of acquired
distinctiveness under Section 2(f), 15 U.S.C. § 1052(f), registration on the Principal
Register must be refused if the proposed mark is “primarily merely a surname.”3 The
underlying rationale is the “notion that a surname is ‘shared by more than one
individual, each of whom may have an interest in using his surname in business.’”
Earnhardt v. Kerry Earnhardt, Inc., 864 F.3d 1374, 123 USPQ2d 1411, 1413 (Fed.
Cir. 2017) (quoting In re Etablissements Darty et Fils, 759 F.2d 15, 225 USPQ 652
(Fed. Cir. 1985)).
A term is primarily merely a surname if, when viewed in relation to the goods or
services for which registration is sought, its primary significance as a whole to the
purchasing public is that of a surname. Earnhardt, 123 USPQ2d at 1413 (internal
citation omitted). See also In re Beds & Bars Ltd., 122 USPQ2d 1546, 1548 (TTAB
2017); In re Eximius Coffee, LLC, 120 USPQ2d 1276, 1277 (TTAB 2016); In re United
Distillers plc, 56 USPQ2d 1220, 1221 (TTAB 2000). This expression of the test
restates the rule set forth in In re Kahan & Weisz Jewelry Mfg. Corp., 508 F.2d 831,
184 USPQ 421, 422 (CCPA 1975) (“[A] correct resolution of the issue can be made
only after the primary significance of the mark to the purchasing public is determined
…”) and In re Etablissements Darty et Fils, supra. In Darty, the U.S. Court of Appeals
for the Federal Circuit considered several factors in determining whether the

3 “No trademark by which the goods of the applicant may be distinguished from the goods of
others shall be refused registration on the principal register on account of its nature unless
it ... (e) Consists of a mark which ... (4) is primarily merely a surname.” 15 U.S.C. § 1052(e)(4).

Serial No. 87681004
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purchasing public would perceive a proposed mark as primarily merely a surname,
including: whether the applicant adopted a principal’s name and used it in a way that
revealed its surname significance; whether the term had a nonsurname, “ordinary
language” meaning; and the extent to which the term was used by others as a
surname. 225 USPQ at 653. We focus on the purchasing public because “it is that
impact or impression which should be evaluated in determining whether or not the
primary significance of a word when applied to a product is a surname significance.
If it is, and it is only that, then it is primarily merely a surname.” In re Harris-
Intertype Corp., 518 F.2d 629, 186 USPQ 238, 239 (CCPA 1975) (quoting Ex parte
Rivera Watch Corp., 106 USPQ 145, 149 (Comm’r Pat. 1955)). In In re Benthin Mgmt.
GmbH, 37 USPQ2d 1332, 1333-34 (TTAB 1995) (“Benthin”), the Board identified
several examples of inquiries or “factors” that may lead to evidence regarding
whether the primary significance of a term to the purchasing public is merely as a
surname.4 “These [Benthin] factors are not exclusive nor presented in order of
importance. We make our determination on a case-by-case basis, and any of the
Benthin factors – singly or in combination – and any other relevant circumstances
may shape the analysis in a particular case.” In re Integrated Embedded, 120
USPQ2d 1504, 1506 n.4 (TTAB 2016). For example, there may be “contextual clues”

4 The Examining Attorney cites this opinion which is entirely consistent with the Court of
Appeals for the Federal Circuit and its predecessor court and Board cases discussed herein.
“However, rather than using [the Benthin] factors as guidelines, practitioners and examining
attorneys have often interpreted them with a rigidity that is not warranted.” In re Adlon
Brand GmbH & Co. KG, 120 USPQ2d 1717, 1719 (TTAB 2016).
Serial No. 87681004
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regarding use of a proposed mark as a surname. See, e.g., Azeka Bldg. Corp. v. Azeka,
122 USPQ2d 1477, 1483 (TTAB 2017) (use of possessive form indicative of surname).
Whether the primary significance of an applied-for mark is merely that of a
surname is a question of fact. Darty, 225 USPQ at 653-54. This question must be
resolved on a case-by-case basis. Id. at 654. Credible evidence of the surname
significance of a term may include telephone directory listings from telephone books
or electronic databases, excerpted articles from the LexisNexis® research database
or Census Bureau data. See TRADEMARK MANUAL OF EXAMINING PROCEDURE
(“TMEP”) §§ 1211.02(b)(i)-(iii) (Oct. 2018).
With these guidelines in mind, we now turn to the evidence before us. In support
of the refusal, the record includes the following:
● Both Applicants bear the surname “Lingwall.”

● Search results from the Whitepages website (www.whitepages.com)
finding 19,568 exact matches for the surname “Lingwall” in the United
States. See August 31, 2018 Response to Office Action, p. 10.

● Search results from the Lexis surname database showing 197 entries
for “Lingwall.” See March 1, 2018 Office Action, pp. 2-12.

● Search results from THE MERRIAM-WEBSTER DICTIONARY and
MACMILLAN DICTIONARY, showing no recognized meaning for “Lingwall”
as a word in the U.S. English language. See March 1, 2018 Office Action,
p. 32 and September 7, 2018 Office Action p. 7.

● Search results from THE COLUMBIA GAZETTEER OF THE WORLD showing
no recognized meaning for “Lingwall” as geographic location. See March
1, 2018 Office Action, p. 31.

● Search results from WIKIPEDIA showing results for individuals bearing
the surname “Lingwall.” See September 7, 2018 Office Action, pp. 9-10.

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● Search results from the Lexis.com surname database showing 197
entries for “Cornwall;” 16,024 entries for “Stonewall;” and entries for the
surnames Cornwall, Stonewall, Rockwall, Darwall, and Rosewall from
The Internet Surname Database, indicating English origin and
meaning. See March 1, 2018 Office Action and March 22, 2019 Denial of
Request for Reconsideration.

● Printouts from various news articles published throughout the United
States about individuals with the surname “Lingwall”:

UVU track: Wolverine women’s track and field in front at
GWC indoor finals, Desert Morning News (Salt Lake City):
“Teammate Jessica Lingwall (3,233), last year’s champion
finished second…” March 1, 2018 Office Action, p. 16.
Fighting back … together: Tracy Lingwall-Harnly and
Tracy Poppe once did everything together – now they’re
fighting breast cancer, Lincoln Journal Star (Nebraska):
“Tracy Lingwall and Tracy Lunney cruised together and
hung out together and walked across the carpet together
on graduation day in 1992 in their blue robes.” Id. at 17.
LietoVoices! presents ‘Rhythm of Life!’, The Spectrum (St.
George, Utah): “Members Shaunna Goldberry, Beth and
Nils Lingwall….perform with a variety of instruments
common to Celtic music.” Id. at 18.
Kansas chemistry instructor arrested by ICE while taking
his daughter to school, The Kansas City Star: “Mary
Lingwall of Lawrence left this comment on the online
petition…” Id. at 19.
North Dakota’s first private drone company merges, Grand
Forks Herald (North Dakota): “’We are very excited about
the growth and ability to hire local graduates and keep
young professionals in North Dakota,’ ISight co-founder
Adam Lingwall said in a statement.” Id. at 20.
Business News Notes, The Pilot-Independent (Walker,
Minnesota): “Dr. Andrew Lingwall, a former Cass County
resident, has co-authored ‘The Basics of Media Writing: A
Strategic Approach.’ Published by SAGE Publications/CQ
Press, the 534-page textbook aims to reach millennial and
post-millennial students…” Id. at 21.
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New stake presidents, Desert Morning News (Salt Lake
City): “Steven Curtis Lingwall, 40, systems administrator;
wife, Kristi Wahlquist Lingwall.” Id. at 23.
Science Friday on the water, Budgeteer News (Duluth,
Minnesota): “‘There’s less and less interest in science,’
Aaron Lingwall, the Blue Heron’s Marine tech.” Id. at 24.
Tabernacle recital to feature Native American flute music;
Recital to feature Native American flute music, The
Spectrum (St. George, Utah): “Odan includes Beth and Nils
Lingwall (percussion, low flute, mandolin and guitar)…”
Id. at 25.
Boys’ track and field: Riverton uses depth to claim 5A track
title, The Salt Lake Tribune: “The Mustangs’ Kyle Strauss
and Andrew Lingwall finished first and second in both
hurdles events…” Id. at 26.
Norwalk Police Reports, Des Moines Register: “Jon
Lingwall of Norwalk was charged with fifth-degree theft
and driving while license suspended on Sunset Drive.” Id.
at 27.
Former Hackensack resident is full professor at Clarion
University, The Pilot-Independent (Walker, Minnesota):
“Former Hackensack resident Dr. Andrew ‘Andy’ Lingwall,
has been promoted to full professor at Clarion University
in Clarion, Penn….Lingwall has taught undergraduate
and graduate courses in public relations and strategic
communications at Clarion University since 2004.” Id. at
28.
Flood Brings Home Admonition to ‘Love Thy Neighbor’,
Desert Morning News (Salt Lake City): “Shannon Lingwall
went to several food establishments and received generous
donations to feed the large group.” Id. at 30.
Noah A. Lingwall Named Recipient of 2017 Eric A. Walker
Award, US Fed News: “Noah A. Lingwall, a senior
majoring in history in the College of the Liberal arts at
Penn State, has been named the 2017 recipient of the Eric
A. Walker Award…. As president and co-founder of Music
Service Club (MSC), …Lingwall relied on his musical
talents and leadership skills to perform for individuals
Serial No. 87681004
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with physical and mental disabilities….” March 22, 2019
Denial of Request for Reconsideration, 5 TTABVUE 9.
Allan H. Lingwall Decorated World War II Pilot, The
Dallas Morning News: “Allan H. Lingwall went to England
in 1944 as a B-17 Flying Fortress pilot, never expecting to
return alive.” Id. at 10.
Lingwall Wins Duathlon Title, Chattanooga Free Press
(Tennessee): “Murfreesboro’s Jeffrey Lingwall was the
overall winner with a time of one hour, 18 minutes, 58
seconds.” Id. at 13-14.
Enumclaw's spring athletes contend with winter weather,
Enumclaw Courier-Herald (Washington): “Others getting
noticed by Stussy are returnees like Sam Lingwall….” Id.
at 15.
Wahpeton graduates expect to bring jobs back to their
home state, The Daily News (Wahpeton, North Dakota):
“Nate Leben and Adam Lingwall like the idea of bringing
jobs back to North Dakota. Leben and Lingwall, both
graduates of Wahpeton High School, are the co-founders of
ISight RPV Services.” Id. at 16-17.
Blaine man reels in monster muskie on Mille Lacs. It’s the
catch of his life. St. Paul Pioneer Press (Minnesota):
“Connor Lingwall, of Blaine, caught and released a 55-inch,
43-pound muskie while fishing Sunday afternoon, his
father said in an interview with KSTP-TV. It took him
about 20 to 30 minutes to bring (the muskie) in, said
Richard Lingwall, Connors father.” Id. at 18-19
Smartsheet BrandVoice: Smartsheet Strengthens
Leadership Position With Product Innovation That
Empowers Everyone, Forbes.com: “’It’s so much more
efficient to get things done,’ said Shannon Lingwall,
revenue cycle manager at the University of Utah Health, a
major health care system in the Mountain West.” Id. at 21.
“It’s Just the Way Steve was” Stephen Thompson was
Posthumously Honored for Helping a Crash Victim,
Wyoming Tribune-Eagle (Cheyenne, WY): “The honor is
given for the ‘exemplary service and self-sacrifice’ that
Thompson demonstrated when he helped Jeffrey Lingwall,
Serial No. 87681004
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Schlenker said, reading from a certificate that accompanies
the medal. Id. at 22.
Working two jobs and looking to the future, The Register-
Mail (Galesburg, Illinois): A poster child for employment
opportunities in Galesburg busied herself Tuesday
morning spraying down the cement around Sandburg
Village's swimming pool. ‘It gets hot out here,’ Margaret
Lingwall said. ‘I keep it wet so people don’t burn their feet
getting in and out of the pool.’” Id. at 23.
Church Van Crash Kills Two, Wyoming Tribune-Eagle
(Cheyenne, WY): “According to the Wyoming Highway
Patrol, Stephen M. Thompson of Cheyenne stopped to help
Jeffrey A. Lingwall, a motorcyclist who crashed after
hitting a deer on U.S. Highway 85 north of the city.” Id. at
26-27.
Utah 8th Grader Will Remember Lesotho for a Long Time,
Associated Press Worldstream: “Lingwall finished fourth
in the contest finals, hosted by ‘Jeopardy!’ host Alex
Trebek. The contest was broadcast nationally Wednesday
evening on the Public Broadcasting System.” Id. at 28-29.
DEA raids Daybreak home with ties to prescription pill
operation, FOX - 13 KSTU (Salt Lake City, Utah): “‘I saw
a lot of commotion, a lot of unmarked cars—the cars were
blocked off by South Jordan Police,’ said Arnold Lingwall,
a resident who lives in that neighborhood.” Id. at 30.
Based on this evidence, we find that “Lingwall” is a surname. It is undisputed that
Applicants Ruth Ann Lingwall and Clinton Lingwall, individuals bearing the
surname “Lingwall,” filed the application. A term that is the surname of an individual
applicant or that of an officer, founder, owner, or principal of an applicant’s business
is probative evidence of the term’s surname significance. See e.g., Darty, 225 USPQ
at 65 (holding DARTY primarily merely a surname where “Darty” was the surname
of applicant’s corporate president); Eximius Coffee, 120 USPQ2d at 1278-80 (holding
ALDECOA primarily merely a surname where ALDECOA was the surname of the
Serial No. 87681004
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founder and individuals continuously involved in the business); Integrated
Embedded, 120 USPQ2d at 1507 (holding BARR GROUP primarily merely a surname
where BARR was the surname of the co-founder and applicant’s corporate officer and
GROUP was found “incapable of lending source-identifying significance to the
mark”); Miller v. Miller, 105 USPQ2d 1615, 1620, 1622-23 (TTAB 2013) (holding
MILLER LAW GROUP primarily merely a surname where “Miller” was the surname
of the applicant and the term “law group” was found generic). The search results from
the Lexis and Whitepages databases further support this finding.
The negative dictionary and gazetteer evidence cited above shows that
LINGWALL has no other “ordinary language meaning.” See Darty, 225 USPQ at 653.
See also Adlon, 120 USPQ2d at 1721 (TTAB 2016) (finding that evidence showing
that the applied-for mark did not appear in dictionaries created a “strong inference”
that the mark has no other non-surname meaning) and Eximius Coffee, 120 USPQ2d
at 1280. In cases such as this where there is “no common word meaning,” we must
decide the “more difficult question” of whether the mark “would be perceived as a
surname or as an arbitrary term.” Darty, 225 USPQ at 653. In other words, “[w]e also
consider—if there is evidence to so indicate—whether the public may perceive the
mark to be primarily a meaningless, coined term.” Adlon, 120 USPQ2d at 1719. In
this regard, we point to the excerpted news articles about individuals with the
surname “Lingwall.” While most of the publications are concentrated in Utah,
Minnesota and North Dakota and none of the individuals appear to be of renown, this
evidence supports a finding that the purchasing public has some exposure to
Serial No. 87681004
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“Lingwall” as a surname, and are unlikely to perceive this as a coined term. In
addition, The Internet Surname Database evidence illustrates that it is not
uncommon for surnames of English origin to have the suffix –WALL. As such,
“Lingwall” has at least the structure of a surname. Evidence that a term has the
structure and pronunciation of a surname may corroborate a finding that the primary
significance of the term is that of a surname. See Eximius Coffee, 120 USPQ2d at
1280 (whether a term has the structure and pronunciation of a surname is a
“decidedly subjective” inquiry); see In re Giger, 78 USPQ2d 1405, 1409 (TTAB 2006).
Hence, the totality of the evidence supports the conclusion that LINGWALL is
primarily merely a surname.
Applicants argue that due to the lack of substantial media exposure, “Lingwall”
will not be perceived primarily merely a surname. As Applicants assert, with the
exception of one news article from Forbes, the majority of the media evidence is from
“collegiate, small town, local newspapers, or religious publications with limited
circulation.” Brief at 8 TTABVUE 5. We agree with Applicants’ characterization of
these news outlets. However, there is no rule regarding the kind or amount of
evidence necessary to show that the applied-for mark would be perceived as primarily
merely a surname. Eximius Coffee, 120 USPQ2d at 1278. These articles are relatively
numerous, and demonstrate that other individuals in a number of locations in the
United States bear the surname “Lingwall,” and have received at least some media
exposure. Thus, this surname “is not so unusual that such significance would not be
recognized by a substantial number of persons.” Darty, 225 USPQ at 653.
Serial No. 87681004
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Using the surnames “Anderson” and “Smith” as a basis for comparison, Applicants
also contend that “Lingwall” is such a rare surname that the public is unlikely to view
it as primarily merely a surname. See August 31, 2018 Response to Office Action, pp.
11-12. Even assuming, arguendo, that “Lingwall” is indeed a relatively rare surname,
a rare surname is also unregistrable under Trademark Act Section 2(e)(4) if its
primary significance to purchasers nonetheless is that of a surname. See In re
Industrie Pirelli Societa per Azioni, 9 USPQ2d 1564, 1566 (TTAB 1988), aff’d, 883
F.2d 1026 (Fed. Cir. 1989) (although the record proves that “Pirelli” is a rare
surname, the evidence shows that mark PIRELLI would be viewed primarily as a
surname by the relevant public). “‘The relevant question is not simply how frequently
a surname appears, however, but whether the purchasing public for Applicants’
services more likely to perceive Applicants’ proposed mark as a surname rather than
as anything else.’” In re Olin Corp., 124 USPQ2d 1327, 1330-31 (TTAB 2017) (quoting
In re Beds & Bars Ltd., 122 USPQ2d 1546, 1551 (TTAB 2017)). See, e.g., Beds & Bars,
122 USPQ2d at 1551 (5 individuals with the surname BELUSHI); Adlon, 120
USPQ2d at 1720 (75 individuals with the surname ADLON); Eximius Coffee, 120
USPQ2d at 1280 (233 individuals with the surname ALDECO); In re Picone, 221
USPQ 93, 95 (TTAB 1984) (112 phone directory listings for PICONE); In re Cazes, 21
USPQ2d 1796, 1796 (TTAB 1991) (23 phone directory listings for LIPP); In re Rebo
High Definition Studio Inc., 15 USPQ2d 1313, 1314 (TTAB 1990) (6 phone directory
listings for REBO). That is to say, the statute makes no distinction between rare and
commonplace surnames. Kahan & Weisz Jewelry, 184 USPQ at 422.
Serial No. 87681004
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Lastly, Applicants take the position that LINGWALL is not a surname because
it could be pronounced as the word “lingual” which has a different meaning. See
August 31, 2018 Response to Office Action, p. 15. As Applicants assert, the word
“lingual” suggests “a connection to oral communication, written and published words,
or foreign language …” Brief at 8 TTABVUE 6. Other than their assertion that word
processing spellcheckers suggest “lingual” as an alternative to “Lingwall,” Applicants
offer no evidence that consumers will ascribe the meaning and connotation of
“lingual” to Lingwall. Moreover, “a term may be primarily merely a surname even if
it is the phonetic equivalent of a word that has an ordinary meaning (e.g., Byrne/burn;
Knott/not or knot; Chappell/chapel).” TMEP § 1211.01(a)(ii). See, e.g., In re Pickett
Hotel Co., 229 USPQ 760 (TTAB 1986) (holding PICKETT SUITE HOTEL primarily
merely a surname despite applicant’s argument that PICKETT is the phonetic
equivalent of the word “picket”).
Thus, these multiple sources of evidence taken together show that the purchasing
public perceives the primary significance of LINGWALL as primarily merely a
surname and not a coined or fanciful term. Our inquiry does not end here, however.
We must now examine the additional wording to Applicants’ proposed mark,
PRODUCTS LLC, to determine whether the primary significance of the mark
LINGWALL PRODUCTS LLC as a whole to the purchasing public is that of primarily
merely a surname.
When a mark is comprised of a term that, standing by itself, is primarily merely
a surname, combined with additional wording, the distinctiveness of the additional
Serial No. 87681004
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wording is relevant to determining whether the primary significance of the mark as
a whole is that of a surname. Earnhardt, 123 USPQ2d at 1415. In addition, the
meaning of the mark as a whole must be assessed to determine whether adding the
additional term to the surname alters the primary significance of the mark as a
whole. Id. (remanding to the Board to determine both whether the term
COLLECTION in the mark EARNHARDT COLLECTION is merely descriptive and
the primary significance of the mark as a whole to the purchasing public).
It is well established that combining a surname with a term that is merely
descriptive or generic of an applicant’s goods and/or services or otherwise not source
indicating typically does not “detract from the primary surname significance” of the
mark. Azeka, 122 USPQ2d at 1481-82, 1481 n.9 (construing In re Hutchinson Tech.
Inc., 852 F.2d 552, 7 USPQ2d 1490, 1492-93 (Fed. Cir. 1988)); In re Weiss Watch Co.,
123 USPQ2d 1200 (TTAB 2017) (holding WEISS WATCH COMPANY for clocks,
watches, and related goods primarily merely a surname); Mitchell Miller, P.C. v.
Miller, 105 USPQ2d 1615 (TTAB 2013) (holding MILLER LAW GROUP for legal
services primarily merely a surname); In re Hamilton Pharms. Ltd., 27 USPQ2d 1939
(TTAB 1993) (holding HAMILTON PHARMACEUTICALS primarily merely a
surname for pharmaceutical products); In re Woolley’s Petite Suites, 18 USPQ2d 1810
(TTAB 1991) (holding WOOLLEY’S PETITE SUITES primarily merely a surname
for hotel and motel services). The addition of an entity designation, such as “Inc.” or
“Co.,” also typically does not diminish the surname significance of a term that is
otherwise primarily merely a surname. See In re I. Lewis Cigar Mfg. Co., 205 F.2d
Serial No. 87681004
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204, 98 USPQ 265, 267 (CCPA 1953) (holding S. SEIDENBERG & CO’S. primarily
merely a surname)
MERRIAM-WEBSTER defines “product” as “something (such as a service) that is
marketed or sold as a commodity” and it is therefore descriptive, if not generic for
Applicants’ services. March 1, 2018 Office Action, p. 35. Likewise, business type
designations and abbreviations such as “LLC” merely indicate Applicants’ business
type or structure and generally have no source-indicating capacity. See, e.g.,
Goodyear’s India Rubber Glove Mfg. Co. v. Goodyear Rubber Co., 128 U.S. 598, 602-
03 (1888); In re Piano Factory Grp., Inc., 85 USPQ2d 1522, 1526 (TTAB 2006); In re
Patent & Trademark Servs., Inc., 49 USPQ2d 1537, 1539-40 (TTAB 1998). The
dictionary evidence of record shows that “LLC” is an abbreviation for “limited liability
company:” See THE AMERICAN HERITAGE DICTIONARY OF THE ENGLISH LANGUAGE
submitted with March 22, 2019 Denial of Request for Reconsideration, p. 17 and
MERRIAM-WEBSTER Id. at 18-20. Therefore, the addition of LLC, a common and
nondistinctive entity designation, does not diminish the surname significance of a
term that is otherwise primarily merely a surname. See In re I. Lewis Cigar Mfg. Co.,
205 F.2d 204, 98 USPQ 265, 267 (CCPA 1953) (S. SEIDENBERG & CO’S.); Integrated
Embedded, 120 USPQ2d at 1507 (BARR GROUP); In re P.J. Fitzpatrick, Inc., 95
USPQ2d 1412, 1412 (TTAB 2010) (P.J. FITZPATRICK, INC.); In re Piano Factory
Grp. Inc., 85 USPQ2d 1522, 1526-27 (TTAB 2007) (VOSE & SONS).5

5 During prosecution, the Examining Attorney advised Applicants that a disclaimer of the
descriptive wording PRODUCTS LLC would be required in the event Applicants amend their
Serial No. 87681004
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Based on this evidence, when viewed as a whole, the mark LINGWALL
PRODUCTS LLC is primarily merely a surname. There is nothing in the combination
of these terms that diminishes or transforms the connotation of the mark that
publishing services or “products” are offered under the LINGWALL name.
Accordingly, the addition of PRODUCTS LLC “does not detract from or change the
significance conveyed by [the mark] as a whole.” See Integrated Embedded, 120
USPQ2d at 1507. As Applicants point out, it is common for publishers to use
surnames as or in trademarks and service marks. See August 31, 2018 Response to
Office Action, p. 13 (excerpt from michaelhyatt.com showing “Top Ten Trade
Publishers” which includes HarperCollins, Simon & Schuster, Hachette, and
Tyndale). Consumers are likely to view the primary significance of LINGWALL
PRODUCTS LLC as primarily merely a surname.
Accordingly, we find that that the evidence establishes that the mark
LINGWALL PRODUCTS LLC for the identified services would be perceived by the
purchasing public as primarily merely a surname within the meaning of Section
2(e)(4) of the Trademark Act.
Decision: The refusal to register is affirmed.6

application to seek registration on the Supplemental Register. See March 1, 2018 Office
Action, and TMEP § 1213.01.
6 In its brief, Applicants argue that their mark is presently in use and request that if the
Board affirms the final refusal, that the Board remand the application to the Examining
Attorney for an amendment to the Supplemental Register. Applicants’ request is denied. The
filing basis of the application is Section 1(b), and Applicants have yet to file an amendment
to allege use. See Trademark Rule 2.76; 37 C.F.R. § 2.76. More importantly, once the Board
has issued a final decision in an ex parte appeal, an examining attorney is without
jurisdiction to take any further action, and the Board has no authority to remand the case to

the examining attorney for further examination. See, e.g., In re Phillips-Van Heusen Corp.,
63 USPQ2d 1047, 1047 n.2 (TTAB 2002) (request in applicant’s brief that if the refusals are
maintained the application be amended to the Supplemental Register denied because an
application which has been decided on appeal will not be reopened). A case that has been
considered and decided on appeal to the Board may be reopened only in two limited
circumstances not applicable here as provided in Trademark Rule 2.142(g), 37 C.F.R. §
2.142(g).