Think, LLC

Trademark Trial and Appeal Board

Sep 23, 2011

No. 77774652 (T.T.A.B. Sep. 23, 2011)

Mailed:
September 23, 2011
Bucher

UNITED STATES PATENT AND TRADEMARK OFFICE
________

Trademark Trial and Appeal Board
________

In re Think, LLC
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Serial No. 77774652
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Peter Loffler for Think, LLC.

Vivian Micznik First, Trademark Examining Attorney, Law
Office 114 (K. Margaret Le, Managing Attorney).
_______

Before Bucher, Mermelstein and Shaw, Administrative
Trademark Judges.
Opinion by Bucher, Administrative Trademark Judge:
Think, LLC seeks registration on the Principal Register
of the mark TheMenuMag (in standard character format) for
goods identified as “magazines featuring restaurant menus”
in International Class 16.1
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).

1 Application Serial No. 77774652 was filed on July 6, 2009,
based upon applicant’s allegation of a bona fide intention to use
the mark in commerce.
THIS OPINION IS NOT A
PRECEDENT OF THE TTAB
Serial No. 77774652
- 2 -
After the Trademark Examining Attorney made the refusal
final, applicant appealed to this Board. We affirm the
refusal to register.
Issue on Appeal
The sole issue on appeal in this case is whether
applicant’s proposed mark, TheMenuMag, merely describes a
function, feature or characteristic of the goods identified
in the involved application.
Arguments of Applicant and the Trademark Examining Attorney
Applicant sets forth several arguments in support of
its position that the term TheMenuMag is not merely
descriptive of the identified goods. Applicant argues that
while the term “mag” may be an informal or slang term for
“magazine,” it requires additional thought or cogitation as
consumers may think of something else, like MAG-LITE
flashlights, for example. And while not conceding that the
term “mag” is merely descriptive, applicant argues in the
alternative that the three components of its proposed mark, as
combined, evoke a new and unique commercial impression.
Finally, applicant argues that inasmuch as these magazines
are free publications, potential consumers will not invest
Serial No. 77774652
- 3 -
the time necessary to decipher the informative nature of the
term.
By contrast, the Trademark Examining Attorney contends
that the word “Menu” clearly describes the content of
applicant’s magazine, namely, restaurant menus; that the
word “Mag” is an abbreviation for “magazine”; that although
applicant’s proposed mark (TheMenuMag) is compressed into a
single letter-string, it is the phonetic equivalent of “The
Menu Mag” (with spaces); and that applicant has failed to
put forward any alternate, non-descriptive interpretation
for this combination of words.
Analysis
It is well settled that a term is considered to be
merely descriptive of goods and/or services, within the
meaning of Section 2(e)(1) of the Trademark Act, if it
immediately describes an ingredient, quality, feature or
characteristic thereof or if it directly conveys information
regarding the nature, function, purpose or use of the goods
and/or services. See In re Abcor Development Corp.,
588 F.2d 811, 200 USPQ 215 (CCPA 1978) [GASBADGE is merely
descriptive of a device to monitor exposure to gaseous
pollutants].
Serial No. 77774652
- 4 -
As to the leading word “The,” we agree with the
Trademark Examining Attorney that this definite article has
no source-indicating potential:
The term “the” is not distinctive and does not add
any source-identifying significance. See, e.g., In
re The Place, Inc., 76 USPQ2d 1467, 1468 (TTAB
2005) (holding THE GREATEST BAR merely descriptive
for restaurant and bar services); In re Weather
Channel, Inc., 229 USPQ 854, 856 (TTAB 1985)
(holding THE WEATHER CHANNEL merely descriptive for
weather information services and television
programming relating to weather); In re The
Computer Store, Inc., 211 USPQ 72, 74-75 (TTAB
1981) (holding THE COMPUTER STORE merely descriptive
for retail outlets featuring computers).

Turning to the evidence made of record by the Trademark
Examining Attorney, we find that the term “mag” is widely
listed as an informal or slang shorthand for “magazine.”2
Moreover, the Trademark Examining Attorney demonstrated
from various online sources that “Menu Magazine” is a quite
logical designation used by others to denote a periodic
magazine having menus of the local restaurants:
3

2 MS ENCARTA entry with Trademark Examining Attorney’s initial
Office action. See also WEBSTER’S NEW WORLD COLLEGE DICTIONARY reported
at http://www.yourdictionary.com/mag,
http://oxforddictionaries.com/search?searchType=dictionary&isWritersAndEditors
=true&searchUri=All&q=mag&_searchBtn=Search&contentVersion=UShttp://dictionary
.reference.com/browse/mag, http://www.merriam-webster.com/dictionary/mag, and
http://dictionary.cambridge.org/dictionary/business-english/mag?q=mag.
3 http://www.indianagazette.com/menu_magazine/, as accessed by
the Trademark Examining Attorney on May 21, 2010.
Serial No. 77774652
- 5 -

Home of Kauai Menu Magazine
Aloha
and welcome to the home of Kauai Menu Magazine
…
Kauai Menu Magazine is printed tri-annually and are [sic] circulated throughout the island of
Kauai. All issues are complimentary. However, if you would like to receive Menu Magazine at
home, you may subscribe to us… 4

Applicant is correct in arguing that a hypothetical
composite term may become a distinguishing mark even though
its component parts individually cannot. However, that is
not the case herein. We find that when these words are
combined, they are not incongruous, and applicant has failed
to suggest any non-descriptive meaning that prospective
consumers might ascribe to the proposed mark other than
their common dictionary meanings. In short, prospective
diners (in the panhandle of Florida or elsewhere) will
understand immediately – without cogitation, study or a
sense of incongruity – that TheMenuMag conveys information
about a magazine having restaurant menus.
Decision: The refusal of the Trademark Examining
Attorney to register TheMenuMag under Section 2(e)(1) of the
Lanham Act is hereby affirmed.

4 http://www.kauaimenu.com/, as accessed by the Trademark
Examining Attorney on May 21, 2010.