Tech-Flo Consulting LLC

Trademark Trial and Appeal Board

Mar 28, 2019

EX (T.T.A.B. Mar. 28, 2019)

This Opinion is Not a
Precedent of the TTAB

Mailed: March 28, 2019

UNITED STATES PATENT AND TRADEMARK OFFICE
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Trademark Trial and Appeal Board
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In re Tech-Flo Consulting LLC
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Serial No. 85686007
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Tod T. Tumey, John Ross Flynt and Eric M. Adams of Tumey LLP,
for Tech-Flo Consulting LLC.

Inga Ervin, Trademark Examining Attorney, Law Office 111,
Chris Doninger, Managing Attorney.
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Before Kuhlke, Bergsman and Hightower,
Administrative Trademark Judges.

Opinion by Kuhlke, Administrative Trademark Judge:
Tech-Flo Consulting LLC (“Applicant”) seeks registration on the Principal
Register of the standard character mark SLIMHOLE JET PUMP for “Downhole
tools, namely, production equipment for oil and gas wells,” in International Class 7.1
The Trademark Examining Attorney has refused registration of Applicant’s
mark on the ground that SLIMHOLE JET PUMP is merely descriptive of

1 Application Serial No. 85686007, filed on July 25, 2012, based upon Applicant’s allegation
of a bona fide intention to use the mark in commerce under Section 1(b) of the Trademark
Act, 15 U.S.C. § 1051(b).
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Applicant’s goods under Section 2(e)(1) of the Trademark Act, 15 U.S.C. §
1052(e)(1).2
When the refusal was made final, Applicant appealed and requested
reconsideration. The Examining Attorney denied the request for reconsideration
and the appeal was resumed. The Examining Attorney and Applicant filed briefs.
We affirm the refusal to register.
Mere Descriptiveness
A mark is deemed to be merely descriptive of goods or services, within the
meaning of Section 2(e)(1), if it immediately conveys information of a quality,
feature, function, or characteristic of the goods or services in connection with which
it is used, or intended to be used. In re Chamber of Commerce of the U.S., 675 F.3d
1297, 102 USPQ2d 1217, 1219 (Fed. Cir. 2012); see also In re TriVita, Inc., 783 F.3d
872, 114 USPQ2d 1574, 1575 (Fed. Cir. 2015). The determination of whether a mark
is merely descriptive must be made “in relation to the goods for which registration
is sought, the context in which it is being used, and the possible significance that
the term would have to the average purchaser of the goods because of the manner of
its use or intended use.” In re Bayer Aktiengesellschaft, 488 F.3d 960, 82 USPQ2d
1828, 1831 (Fed. Cir. 2007) (citing In re Abcor Dev. Corp., 588 F.2d 811, 200 USPQ
215, 218 (CCPA 1978)). It is not necessary, in order to find a mark merely
descriptive, that the mark describe each feature of the goods or services, only that it

2 During prosecution of the application, Applicant initially requested amendment to the
Supplemental Register but later withdrew that amendment and requested to remain on the
Principal Register. In view thereof, the application remains on the Principal Register
subject to the refusal under Section 2(e)(1) based on mere descriptiveness.
Serial No. 85686007
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describe a “single feature or attribute” of the goods or services. Chamber of
Commerce of the U.S., 102 USPQ2d at 1219; In re Gyulay, 820 F.2d 1216, 3 USPQ2d
1009, 1010 (Fed. Cir. 1987).
The Examining Attorney asserts that the proposed mark SLIMHOLE JET
PUMP merely describes “the exact nature of the goods (a ‘jet pump’ tool), and what
those same goods will be used to do; namely retrieve oil and gas from a ‘slimhole.’” 9
TTABVUE 5.
In support of her position, the Examining Attorney relies on the following
definitions:
Slimhole – a drill hole of the smallest practicable size,
drilled with less-than normal-diameter tools, used
primarily as a seismic shothole and for structure tests and
sometimes for stratigraphic tests.3
Jet Pump – a pump in which the fluid is impelled by the
action of a jet of the same or another fluid.4
She also relies, inter alia, on the following excerpts from an online article and
Applicant’s website discussing slimholes and jet pumps:
The oil and gas well drilling method ‘Slim Hole Drilling’
(aka micro hole or small hole) is one of the most cost
effective methods of oil and gas reserve development. It
involves drilling smaller diameter holes and using small
diameter production casing and tubing…The Oil Jet
Pump is the industry [sic] smallest and able to be
conveyed inside 2-3/8 or 2-7/8 inch production strings,
thereby allowing slim hole operators to retain economical

3 November 29, 2012 Office Action at 4 (www.thefreedictionary.com).
4 Id. at 6 (www.wordnik.com).
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operation factors associated with slimhole development
methods.5
Jet pumps are designed to assist in a variety of situations
in the oil and gas industry, but are extremely useful for
low flow and pressure wells. They are used in the
conventional manner of oil and gas retrieval, as well as in
more complicated applications like slimhole wells and
wells that have faulty or weak casing. … A jet pump
works by utilizing the same physics principal in jet engine
[sic]. … The pressure differential results in increased
pump pressure, thereby creating the jet engine principal.
... Tech-Flo’s jet pumps are an innovative artificial lift for
all types of oil and gas production. … Our jet pumps are
efficient and productive for most oil and gas fields. They
are extremely effective in slimhole applications and high
volume frac flow-backs. … Typical applications of the
Tech-Flo jet pump include conventional oil and gas
production, high volume frac unloading, gas well
dewatering, well tests, slimhole wells, and wells with bad
casing.6
The record is clear, jet pumps are production tools for use in downholes,
including, slimholes; the wording, SLIMHOLE JET PUMP, immediately tells
consumers that Applicant’s “Downhole tools, namely, production equipment for oil
and gas wells,” consist of a jet pump that may be used in slimholes.
Applicant’s arguments to the contrary are unpersuasive and misplaced.
Applicant argues that “[d]ownhole tools are not an ingredient, quality,
characteristic, function, feature, purpose or use of a drill hole. Therefore, at the
least, SLIMHOLE is not descriptive of a downhole tool.” 7 TTABVUE 4. However,
because the jet pumps are for use in slimholes, the word slimhole is merely
descriptive of one purpose or significant feature of the jet pump, i.e., that it may be

5 Id. at 8 (www.slimhole.org).
6 July 14, 2017 Office Action at 14 (www.tech-flow.net).
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used in slimholes. It is sufficient that a proposed mark merely describe a function or
purpose to be, at minimum, merely descriptive. In re Gould Paper Corp., 834 F.2d
1017, 5 USPQ2d 1110 (Fed. Cir. 1987) (SCREENWIPE held generic for an anti-
static cloth used for cleaning computer and television screens).
Next Applicant argues that:
JET PUMP is suggestive in that it requires imagination,
thought, or perception to understand the nature of the
service being provided. For example, jet pumps may be
utilized in drilling operations or may operate as artificial
lifts in production operations. An artificial lift “is a
process used on oil wells to increase pressure within the
reservoir and encourage oil to the surface, artificial lift is
employed to recover more production.” Identifying
between drilling operations and production operations
requires further imagination, thought, or perception to
reach a conclusion as to the nature of the goods or
services. Furthermore, JET PUMPS are not exclusive to
SLIMHOLES. Jet pumps may be used to service all types
of wellbores. While in some cases, jet pumps may be used
to service slimholes, jet pumps are not exclusive to
slimholes. A jet pump may service a slimhole in
emergency situations to avoid abandoning and plugging
the existing slimhole.
7 TTABVUE 4-5 (quoting https://www.rigzone.com attached to January
12, 2018 Request for Reconsideration at 2).
To be clear, Applicant has applied for goods not services. Applicant’s arguments
simply confirm that JET PUMP SLIMHOLE immediately describes the goods, jet
pumps that may be used in slimholes. The fact that Applicant’s jet pumps may be
used in drilling or production as an artificial lift in slimholes, as well as other types
of wellbores, does not obviate the mere descriptiveness refusal as the proposed mark
need not describe all aspects of the goods. Chamber of Commerce of the U.S., 102
USPQ2d at 1219; see also In re Oppedahl & Larson LLP, 373 F.3d 1171, 1173, 71
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USPQ2d 1370, 1371 (Fed. Cir. 2004) (“A mark may be merely descriptive even if it
does not describe the ‘full scope and extent’ of the applicant’s goods or services,”
(citing In re Dial-A-Mattress Operating Corp., 240 F.3d 1341, 57 USPQ2d 1807,
1812 (Fed. Cir. 2001)). Applicant’s attempt in its reply brief to downplay the feature
that its jet pumps may be used in slimholes, 11 TTABVUE 3 (“the applied-for mark
does not describe a significant attribute or idea about the goods”), is belied by its
website, reproduced above, that clearly touts that attribute (“[t]hey are extremely
effective in slimhole applications and high volume frac flow-backs”).
In the context of these goods, the meaning of SLIMHOLE JET PUMP is clear:
the jet pumps may be used in slimholes.
Decision: The refusal to register Applicant’s mark SLIMHOLE JET PUMP as
merely descriptive under Section 2(e)(1) is affirmed.