Advanced Nutritional Supplements

Trademark Trial and Appeal Board

Aug 13, 2021

88766676 (T.T.A.B. Aug. 13, 2021)

This Opinion is Not a
Precedent of the TTAB

Mailed: August 13, 2021

UNITED STATES PATENT AND TRADEMARK OFFICE
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Trademark Trial and Appeal Board
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In re Advanced Nutritional Supplements
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Serial No. 88766676
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Jeffrey Sturman of Sturman Law, LLC,
for Advanced Nutritional Supplements.
Peter Dang, Trademark Examining Attorney, Law Office 121,
Richard White, Managing Attorney.
_____

Before Lykos, Lynch and Hudis,
Administrative Trademark Judges.

Opinion by Hudis, Administrative Trademark Judge:
Advanced Nutritional Supplements (“Applicant”) seeks registration on the
Principal Register of the proposed mark QUAD-MASS (in standard characters) for
“dietary and nutritional supplements” in International Class 5.1 The Trademark
Examining Attorney refused registration of Applicant’s proposed mark under
Trademark Act Section 2(e)(1), 15 U.S.C. § 1052(e)(1), on the ground that the mark

1 Application Serial No. 88766676 was filed on January 21, 2020 under Trademark Act
Section 1(a), 15 U.S.C. § 1051(a), based upon Applicant’s claim of first use of the mark
anywhere since at least as early as January 12, 2020, and first use in commerce since at least
as early as January 20, 2020.
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is merely descriptive of a purpose and function of the identified goods. After the
Examining Attorney made the refusal final, Applicant appealed to this Board. The
appeal is fully briefed. We affirm the refusal to register.
I. Applicable Law on Mere Descriptiveness
In the absence of acquired distinctiveness, a mark may not be registered on the
Principal Register if, “when used on or in connection with the goods of the
applicant[,]” the mark is “merely descriptive ... of them ….” Trademark Act Section
2(e)(1). “A term is merely descriptive if it immediately conveys knowledge of a quality,
feature, function, or characteristic of the goods or services with which it is used.” In
re Bayer AG, 488 F.3d 960, 82 USPQ2d 1828, 1831 (Fed. Cir. 2007); see also,
DuoProSS Meditech Corp. v. Inviro Medical Devices, Ltd., 695 F.3d 1247, 103
USPQ2d 1753, 1755 (Fed. Cir. 2012) (quoting In re Oppedahl & Larson LLP, 373 F.3d
1171, 1173 (Fed.Cir.2004) (quoting Estate of P.D. Beckwith, Inc. v. Comm’r of
Patents, 252 U.S. 538, 543 (1920))).
The determination of whether a proposed mark is merely descriptive is made in
relation to an applicant’s goods, not in the abstract. DuoProSS, 103 USPQ2d at 1757.
“The question is not whether someone presented with only the mark could guess what
the goods … are. Rather, the question is whether someone who knows what the goods
… are will understand the mark to convey information about them.” Id. (quoting In
re Tower Tech, Inc., 64 USPQ2d 1314, 1316-17 (TTAB 2002)).
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“The line between a mark that is merely descriptive and may not be registered
absent secondary meaning,[2] and one that is suggestive and may be registered, is
that a suggestive mark ‘requires imagination, thought and perception to reach a
conclusion as to the nature of the goods,’ while a merely descriptive mark ‘forthwith
conveys an immediate idea of the ingredients, qualities or characteristics of the
goods.’” DuoProSS, 103 USPQ2d at 1755 (citing In re Abcor Dev. Corp., 588 F.2d 811,
200 USPQ 215, 218 (CCPA 1978) (quoting Abercrombie & Fitch Co. v. Hunting World,
Inc., 537 F.2d 4, 189 USPQ 759, 765 (2d Cir. 1976))).
Any competent source suffices to show the relevant purchasing public’s
understanding of a contested term, including dictionary definitions, trade journals,
newspapers and other publications, and consumer surveys. In re Chamber of
Commerce of U.S., 675 F.3d 1297, 102 USPQ2d 1217, 1219 (Fed. Cir. 2012) (citing In
re Bayer AG, 82 USPQ2d at 1831; In re Stereotaxis, Inc., 429 F.3d 1039, 77 USPQ2d
1087, 1089 (Fed. Cir. 2005) (citing In re Bed & Breakfast Registry, 791 F.2d 157, 229
USPQ 818, 819 (Fed. Cir. 1986)), as well as “advertising material directed to the

2 Applicant did not request, in the alternative, to register its proposed mark on the
Supplemental Register or on the Principal Register with a claim of acquired distinctiveness,
i.e., secondary meaning, under Trademark Act Section 2(f), 15 U.S.C. § 1052(f). In fact,
Applicant affirmatively states that its proposed “trademark is eligible for registration on the
Principal Register without a showing of secondary meaning.” Applicant’s Brief, 4 TTABVUE
21.
Page references herein to the application record refer to the online database of the USPTO’s
Trademark Status & Document Retrieval (“TSDR”) system. All citations to documents
contained in the TSDR database are to the downloadable .pdf versions of the documents in
the USPTO TSDR Case Viewer. References to the briefs on appeal refer to the Board’s
TTABVUE docket system. Before the TTABVUE designation is the docket entry number; and
after this designation are the page references, if applicable.

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goods.” In re Abcor, 200 USPQ at 218. The public’s understanding of the term also
may be obtained from websites and publications, and an applicant’s own specimens
of use and any explanatory text included therein. In re N.C. Lottery, 866 F.3d
1363, 123 USPQ2d 1707, 1710 (Fed. Cir. 2017); In re Nett Designs Inc., 236 F.3d
1339, 57 USPQ2d 1564, 1566 (Fed. Cir. 2001).
“When determining whether a mark is merely descriptive, the Board must
consider the commercial impression of a mark as a whole. … Because a mark must
be considered as a whole, the Board may not ‘dissect’ the mark into isolated
elements.” DuoProSS, 103 USPQ2d at 1756 (internal citation omitted). On the other
hand, we may consider the significance of each element separately in the course of
evaluating the proposed mark as a whole. Id. at 1757 (noting that “[t]he Board to be
sure, can ascertain the meaning and weight of each of the components that makes up
the mark.”).
“In considering a mark as a whole, the Board may weigh the individual
components of the mark to determine the overall impression or the descriptiveness of
the mark and its various components.” In re Oppedahl & Larson, 71 USPQ2d at 1372.
Thus, “[w]hen two or more merely descriptive terms are combined ..., [i]f each
component retains its merely descriptive significance in relation to the goods …, the
combination results in a composite that is itself merely descriptive.” In re Phoseon
Tech., Inc., 103 USPQ2d 1822, 1823 (TTAB 2012). Another way of stating this
analysis is that if a combination retains the descriptive significance of the individual
parts, the combination must be considered merely descriptive. In re Petroglyph
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Games Inc., 91 USPQ2d 1332, 1337 (TTAB 2009) (BATTLECAM merely descriptive
for computer game software). Only where the combination of descriptive terms
creates a mark with a unique, incongruous, or otherwise non-descriptive meaning in
relation to the goods is the combined mark registrable. See In re Colonial Stores, Inc.,
394 F.2d 549, 157 USPQ 382, 384 (CCPA 1968); In re Positec Grp. Ltd., 108 USPQ2d
1161, 1162-63 (TTAB 2013).
II. Examination of the Record on the Question of Mere Descriptiveness
In view of the above principles, we now review the record to determine the relevant
purchasing public’s understanding of the terms “QUAD” and “MASS,” as well as the
proposed QUAD-MASS mark as a whole.
A. The Relevant Purchasing Public
“Whether a mark is merely descriptive or not is ‘determined from the viewpoint of
the relevant purchasing public.’” In re Stereotaxis, 77 USPQ2d at 1090 (quoting In re
Bed & Breakfast, 229 USPQ at 819). In its Application, Applicant identifies its goods
bearing the proposed QUAD-MASS mark as “dietary and nutritional supplements.”
While this description is sufficiently broad to include Applicant’s actual goods , it does
not fully convey what Applicant’s goods really do.
Shown below is one of the specimens of use submitted with Applicant’s use-based
Application (described as a “photo of a product bottle”):3

3 Application of January 21, 2020 at TSDR 2, 8.
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And on its website, describing its product, Applicant says: “users will experience lean
muscle gains while also increasing … fat loss ....”4
Except for parroting the identification of goods, Applicant, in its appeal briefs,
provides no further explanation of its identified goods bearing the proposed mark or
the purpose(s) for which the product is used. All Applicant cryptically says is that its
proposed mark “may elude [sic] to (or is indicative of) a desired result through use of
Applicant’s goods.”5 We therefore fall back to rely on Applicant’s specimen of use and
online advertising to find that the relevant purchasing public are those persons who
desire to gain muscle size by, at least in part, ingesting Applicant’s dietary and
nutritional supplements.
B. Definitions
The Examining Attorney made of record the following definitions:

4 Website page provided with Office Action Response of January 7, 2020 at TSDR 14.
5 Applicant’s Brief, 4 TTABVUE 21; Applicant’s Reply Brief, 7 TTABVUE 5.
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 QUAD – slang for a quadriceps muscle (online AMERICAN HERITAGE
DICTIONARY OF THE ENGLISH LANGUAGE (“AMERICAN HERITAGE”)).6
 QUAD – quadriceps : usually used in the plural (online MERRIAM-WEBSTER
dictionary (“MERRIAM-WEBSTER”)).7
 QUADRICEPS – the large four-part extensor muscle at the front of the
thigh (“AMERICAN HERITAGE”).8
 QUADRICEPS – the greater extensor muscle of the front of the thigh that
is divided into four parts (“MERRIAM-WEBSTER”).9
 MASS – the physical volume or bulk of a solid body (“AMERICAN
HERITAGE”).10
 MASS – a quantity or aggregate of matter usually of considerable size :
expanse, bulk (“MERRIAM-WEBSTER”).11
Applicant criticizes the Examining Attorney for citing to, and relying upon, these
definitions to the exclusion of other definitions that might be applicable.12 This
argument is not persuasive. As already noted, the determination of whether a
proposed mark is merely descriptive is made in relation to an applicant’s goods, not
in the abstract. In re Bayer AG, 82 USPQ2d at 1831; DuoProSS, 103 USPQ2d at 1757.
“That a term may have other meanings in different contexts is not controlling.”
Robinson v. Hot Grabba Leaf, LLC, 2019 USPQ2d 149089, at *5 (TTAB 2019) (citing
In re Canine Caviar Pet Foods, Inc., 126 USPQ2d 1590, 1598 (TTAB 2018)). “[S]o long
as any one of the meanings of a term is descriptive, the term may be considered to be

6 Office Action of April 13, 2020 at TSDR 7.
7 Id. at TSDR 11.
8 Id. at TSDR 8.
9 Id. at TSDR 12.
10 Id. at TSDR 4
11 Id. at TSDR 5.
12 Applicant’s Brief, 4 TTABVUE 12, 17; Applicant’s Reply Brief, 7 TTABVUE 6.
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merely descriptive.” In re Mueller Sports Med., Inc., 126 USPQ2d 1584, 1590 (TTAB
2018) (quoting In re Chopper Indus., 222 USPQ 258, 259 (TTAB 1984)).
Applicant also urges the Examining Attorney’s dictionary evidence is deficient
because it does not include a definition of the composite term QUAD-MASS.13
However, the fact that the combined wording “QUAD-MASS” is not found in a
dictionary is not controlling on the question of registrability. In re Hikari Sales USA,
Inc., 2019 USPQ2d 111514, at *8 (TTAB 2019) (citing In re ActiveVideo Networks,
Inc., 111 USPQ2d 1581, 1603 (TTAB 2014)). See also, In re Gould Paper Corp., 834
F.2d 1017, 1018, 5 USPQ2d 1110, 1111-12 (Fed. Cir. 1987) (“[T]he [US]PTO has
satisfied its evidentiary burden if … it produces evidence including dictionary
definitions that the separate words joined to form a compound have a meaning
identical to the meaning common usage would ascribe to those words as a
compound.”).
C. Applicant’s Online Advertising
On its website, Applicant describes the benefits of its “QUAD-MASS™ EXTREME
MUSCLE*” product as including to “help to increase lean muscle mass and power
output” and to “give[] the effects of increased muscle strength and mass, endurance,
recovery, and lean gains.”14 On Applicant’s Facebook social media page, it states:
“QUAD-MASS is now available to help you pack on those lbs. [pounds] of mass and
strength.”15

13 Applicant’s Brief, 4 TTABVUE 12, 19; Applicant’s Reply Brief, 7 TTABVUE 6.
14 Office Action of October 23, 2020 at TSDR 92-93. (emphasis added).
15 Id. at TSDR 95. (emphasis added).
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D. Third-Party Uses
The Examining Attorney further introduced evidence – summarized below – of the
use of “QUAD,” “QUADRICEPS,” “MASS” and QUAD MASS by dietary and
nutritional supplement producers, and the health and fitness media (with emphasis
that we added to all references). In this connection, Applicant concedes in its Brief
that “QUAD” and “MASS” are common terms.16
1. Quad / Quadriceps
 “I’m stacking on extra weights for chest and shoulder presses. But the most
profound change is in recovery. The throbbing quads and calves I’d suffer after
long runs? Gone.” … “Squats break down quads, which respond by rebuilding
themselves bigger and stronger-a process that protein amplifies.”17
 “The quadriceps are an important group of muscles around your knee that
are vital to movement. Strengthening your quads with a healthy regimen of
exercise and nutrition, including getting enough protein from energy bars and
snacks, can help you improve athletic performance, and avoid knee injury and
pain.” … “Your quadriceps, or quads, are a group of muscles located on the
front of your thighs. The quads consist of the vastus intermedius, vastus
medialis, vastus lateralis, and rectus femoris muscles.” … “Strengthening
quads is particularly important to athletes who put a lot of wear and tear on
these muscles. By strengthening the quadriceps, athletes not only reduce the
risk of injuries to those muscles, they also reduce the risk of injury to other
muscles, such as the hamstrings.”18
2. Mass
 “In order to build mass, you need to go above and beyond in your workout
sessions. This means lifting heavier and more often. But that’s not all –
besides upping your exercise, you need to use supplements for building mass”
… “Not all whey protein powders are the same. Here at BPN, we proudly offer
supplements for building mass that are made from the highest quality, most
effective ingredients available.” … “As you know, protein is one of the most
crucial supplements for building mass.” … “Creatine is one of the go-to

16 Applicant’s Brief, 4 TTABVUE 21.
17 You’re Not Eating Nearly Enough Protein, MEN’S JOURNAL, Office Action of October 23,
2020, at TSDR 22-32.
18 Four Exercises to Build Massive Quads, PROMAX PROTEIN BARS, Id. at TSDR 33-35.
Serial No. 88766676
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supplements for building mass because it maximizes power output, strength,
endurance, and overall performance …” “Shop Supplements for Building
Mass Now.”19
 “Pack on the Mass: If you’re trying to get big, all that extra mass has to come
from somewhere. Your strength and power workouts go a long way toward
fortifying your muscle mass, but if you’re after relentless gains, the fuel that
nourishes your frame is key.” … “Try a mass gainer with or between meals to
help you get the calories you need to convert into muscle gains. Most mass
gainers include protein and creatine, which are key for both muscle rebuilding
and muscle energy.” … “Taking at least three grams of creatine every day for
about four weeks can lead to optimal levels of it in your muscles. Combine this
with a resistance training regimen and, over time, you may see a noticeable
increase in muscle mass and strength.”20
 “[W]e’ve compiled a rundown of the 11 best mass-gain supplements on which
to spend your hard-earned cash.” … “Whey tops the list of mass-gain
supplements because it’s the most crucial for pushing protein synthesis.” …
“Casein also makes you feel less full, which makes it a great snack for those
who want to pack on muscle mass.” … “One recent study found that subject s
who took beta-alanine along with creatine gained more muscle mass and lost
more bodyfat than subjects who took only creatine.21
 “[W]e’ve compiled 11 of the best mass-gain supplements worth your
hard-earned cash.” … “Why … [whey protein powder] made the list: Whey tops
the list of mass-gain supplements because it’s the most crucial for pushing
protein synthesis.”22
 5 Best Supplements to Add Muscle Mass Faster!23
3. Quad Mass, or Quad/ Quadriceps and Mass used in
Proximity
 “MEGA MUSCLE 3 Muscle Mass Support. Muscle Endurance, Growth, Repair
& Recovery Support.” … “Bui1d BIG Powerful Legs with Chisled Quads,
Hamstrings and Calves.”24

19 Best Bodybuilding Supplements for Building Mass, BARE PERFORMANCE NUTRITION, Id. at
36-41.
20 How to Supplement: Tips for Bulking Up and Gaining Mass, GNC LIVING WELL, Id. at
TSDR 42-43.
21 11 Best Supplements for Building Muscle Mass, MUSCLE AND FITNESS, Id. at 45-53.
22 11 Best Supplements for Building Muscle Mass, MEN’S JOURNAL, Id. at 54-60.
23 Alpham channel, YOUTUBE, Id. at 61.
24 Vimulti Mega Muscle 3, AMAZON, Id. at TSDR 7.
Serial No. 88766676
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 “[T]he legs are very simple in their structure: the front part of the thigh
(quadriceps), the back part (biceps), buttocks and calf muscles.” “Whey
protein is a really good [diet] supporter if you can eat enough amount of
carbohydrates, but if you can't, mass gainer will be a perfect supplement for
you.”25
 “Drinking a casein shake just before overnight sleep increases gains in muscle
mass and strength in response to resistance exercise.” “[Studies] have fueled
the idea that over a longer period, a pre-sleep protein supplement can
maximize the strength and muscle mass gains during regular resistance
exercise training.” “The training [in the study] was effective - both groups
ended with a bigger squat (one rep max) and bigger quads – but the
protein-before-bed group gained significantly more muscle strength and
size.”26
 “According to a new study …, [r]esearchers found that vegetarian protein is
just as beneficial for muscle mass and strength as animal protein.” …
“Researchers looked at … health records … as well as [filled out] food
questionnaires ….” “[Researchers] … also looked at participants’ lean muscle
mass, bone mineral density, and quadriceps strength – all measures that are
important for fitness, health, and better functioning, especially as we get
older.”27
 “Since the quads are 70 percent of the size of your legs that makes them of
vital importance to your overall look.” … “The quads, along with the back, are
the muscles that are most subject to constant tension.” … “Unless you are a
world-class sprinter … most of the fiber in your quads will consist of slow-
twitch endurance fiber.” … “The quadriceps, following the logic of counting,
has four different heads. The outer head … is called the vastus lateralis ….”
“Way on the other side is the vastus medialis or inner head which … provides
the separation between the quads and hams in leg ….” “Somewhat included
in quad-training is hitting the behind as well.” … “When performing squats
some say to elevate your heels so you can isolate the quads ....” “The leg press
has its niche in your leg training as well, but not as an alternative for squats.
An advanced lifter can opt to alternate the two from week to week, but an
advanced lifter has the mass and skill to do this.” … “There is a limit to how
much you can do to help your quad mass along, but with the squat in there[,]

25 How to get Bigger Leg Muscles, 5BESTSUPPLEMENTS.COM, Id. at 8-13.
26 Bedtime Protein for Bigger Gains? Here’s the Scoop, FRONTIERS SCIENCE NEWS, Id. at
14-17.
27 Does Plant Protein Build Muscle as Well as Meat?, HEALTH.COM, Id. at TSDR 18-21.
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there is little chance of selling yourself short. If you learn to do that one
correctly, you have got it made. Mass will come eventually.28
 “Training the quads is probably the most challenging thing you’ll ever do in
the gym.” … In this article, we’ll present you with a variety of quad training
programs that zero in on the quads …, in order to create ideal quad
development.” … “Best Quad Exercises with Weights” … “Take a look at a
picture of a top bodybuilder’s quads and you will immediately see what the
teardrop is. It is the area above the knee that is officially called the vastus
medialis.” … “You will feel a fantastic stretch on the upper quads as you go
down and you’ll be amazed at how hard the quads have to work to get you back
up again.” … “Front Squats- Best for Targeting the Quads” … “You want to
maintain tension on the quads throughout the entire set, so only come up
three quarters of the way.” … “The Goblet Squat - Best for Glutes and Quads
Together” … “[T]he front barbell squat allows you to more closely approximate
the weight that you can get up to on the back squat. The result is that you can
get stronger and build more quad mass with the front squat than you can with
the goblet squat.” … “This powerful lower body strengthener and quad mass
builder is often performed in such a way as to place undue stress on the knees
or lower back.”29
 “Use these four ultra-effective tips and try out Arnold [Schwarzenegger's]
workout to explode your quads.” … “There are so many unique training
principles you can use to build bigger, stronger quads.” … “I succeeded in
creating a great pair of quads that helped me win seven Mr. Olympia titles.”
… “You’ll never maximize quad mass doing half squats.” … “Supersets are
great for building quad mass.”30
 “The complete guide on how to squat properly to build glute and quad mass
and strength! Learn proper powerlifting form and technique to get bigger,
stronger legs.” … “The Squat is known as the ‘King of All Exercises’ because it
builds muscle mass throughout your entire body and tests your full body
strength all in one powerful lift.”31
 “I made huge gains in quad mass, strength, and overall health when I began
to break my quad training exercise menu into bilateral and unilateral
movements.” … “In my previous article, I talked about ways the ‘sacred-cow’ of
quad training, the barbell squat, adds compression, torque, and shear on the
spine.” … “First, we’ll go over some personal favorites with bilateral quad

28 I.C.E. Program #10 - Training The Quadriceps!, BODYBUILDING.COM, Id. at TSDR 62-68.
29 Quad Workouts that Actually Work, HOMEGYMR, Id. at TSDR 69-75.
30 4 Arnold-Approved Tips to Build Bigger Quads, MUSCLE AND FITNESS, Id. at TSDR 76-81;
see also, Arnold Schwarzenegger’s Tips for Bigger Quads, MUSCLE AND FITNESS, Id. at TSDR
86-87, which appears to be a portion of the same article under a different title.
31 Tag: Quad Exercises, MATHIAS METHOD, Id. at TSDR 82-84.
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training. The baseline of bilateral quad training is learning to be comfortable
in a bodyweight squat.”32
 Reverse Leg Press for Quad Mass.33
III. Discussion and Analysis on the Question of Mere Descriptiveness
Having reviewed the record in its entirety, for the reasons that follow, we find
that, as a whole, QUAD-MASS is merely descriptive of Applicant’s goods.
Viewing the definitions made of record in the context of Applicant’s identified
goods, QUAD denotes a shortened form of QUADRICEPS, which is the large four-part
extensor muscle at the front of the thigh. MASS refers to the physical volume or bulk
of a solid body, and in this case that solid body is the four-part quad or quadriceps
muscle.
Applicant challenges the Internet articles made of record by the Examining
Attorney as having low probative value, because (1) we can only consider these
hearsay articles for what they say on their face but not for the truth of what is stated
in them, and (2) no proof was submitted regarding consumer exposure to these
articles.34 In the context of an ex parte appeal, these criticisms of the Examining
Attorney’s submissions to not diminish the probative value of this evidence.
Although under Trademark Rule 2.122(a), 37 C.F.R. § 2.122(a), inter partes
proceedings are governed by the Federal Rules of Evidence, including the rule against
hearsay, Fed. R. Evid. 802, there is no corresponding evidence rule for ex parte

32 Expanding Your Quad Exercises, Max Effort, Id. at TSDR 85.
33 Ziegler Monster channel, YOUTUBE, Id. at TSDR 88.
34 Applicant’s Brief, 4 TTABVUE 10-11.
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proceedings. See, e.g., In re Epstein, 32 F.3d 1559, 31 USPQ2d 1817, 1821 (Fed. Cir.
1994) (hearsay rule inapplicable in ex parte examination). We still may consider the
hearsay nature of evidence in assessing its probative value in an ex parte proceeding,
but the Board frequently has noted that it “generally takes a somewhat more
permissive stance with respect to the admissibility and probative value of evidence
in an ex parte proceeding than it does in an inter partes proceeding ....” In re Canine
Caviar, 126 USPQ2d at 1597; In re Hudson News Co., 39 USPQ2d 1915, 1920 n.10
(TTAB 1996), aff'd without op., 114 F.3d 1207 (Fed. Cir. 1997) (“Although there is a
hearsay element to this evidence, there is no bias in the evidence which was not
prepared for purposes of this case.”).
Thus, third-party articles published on the Internet are “relevant to [the]
consumer perception of” terms or phrases that comprise the mark in question. In re
Embiid, 2021 USPQ2d 577, at *2 n.19 (TTAB 2021); see also, In re Bayer AG, 82
USPQ2d at 1833 (“Internet evidence is generally admissible and may be considered
for purposes of evaluating a trademark”); In re I-Coat Co., LLC, 126 USPQ2d 1730,
1733 (TTAB 2018) (“Material obtained through the Internet generally is acceptable
as evidence in ex parte proceedings.”). In re Country Music Ass’n, Inc., 100 USPQ2d
1824, 1829 (TTAB 2011) (printouts from web pages are not per se incompetent to
show a term is generic).
More particularly, because website contents are accessible by the consuming
public, they constitute evidence of potential public exposure without the Examining
Attorney having to prove the extent to which these references have been read. See,
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e.g., In re Mr. Recipe, LLC, 118 USPQ2d 1084, 1087 n.4 (TTAB 2016) (stories found
on the Internet are probative of the perceptions of the authors and of the content
received by the readers); In re Fitch IBCA, Inc., 64 USPQ2d 1058, 1060 (TTAB 2002)
(web site contents constitute evidence that the public may be exposed to certain terms
or phrases); In re Wal-Mart Stores, Inc., 129 USPQ2d 1148, 1157 (TTAB 2019)
(examining attorney not required to establish that a particular online source or
website “has significant web traffic” to establish its competence just as there is no
requirement to establish the circulation or actual readership of a magazine or
newspaper; applicants are free to challenge the probative value of a particular
website and even websites that are not frequently visited may demonstrate how the
authors use the term and how it will be perceived by the readers).
Applicant next proceeds to critique the Examining Attorney’s Internet articles
evidence one-by-one – asserting that certain articles contain one term (“quad” or
“mass”) but not the other, some articles do not specifically discuss dietary or
nutritional supplements, and still other articles do not provide sufficient context in
which “quad,” “mass” or “quad mass” is/are used. These critiques are not persuasive.
Overall, we find the Internet article probative, and provide sufficient context, to
determine how these terms – separately or together – are used and considered by the
relevant purchasing public: bodybuilders.
More precisely, we find from a collective review of the Examining Attorney’s
evidence that the term QUAD (whether in the dictionary or in the cited literature)
means the QUADRICEPS leg muscle grouping; MASS clearly refers to muscle mass;
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and QUAD MASS refers to efforts (whether through diet, nutrition or exercise) to
increase the size or bulk of one’s quadriceps leg muscle group. Applicant’s bottle label
and online advertising reinforce the notion to relevant consumers that ingesting its
product will contribute to enhanced quadriceps muscle mass. Applicant has not
provided any evidence to the contrary.
Thus Applicant’s proposed mark QUAD-MASS consists merely of words that
immediately and particularly describe a purpose and function of Applicant’s dietary
and nutritional supplements – adding mass to one’s quads. The proposed mark is
made up of two descriptive terms. When combined, each component retains its
descriptive significance in relation to Applicant’s goods. In this connection, we give
no probative value to the fact that the proposed mark is a compound of two words
separated by a hyphen. “The inclusion of a hyphen in Applicant's mark has no effect
on the mere descriptiveness of the mark as a whole.” In re Mecca Grade Growers,
LLC, 125 USPQ2d 1950, 1955 (TTAB 2018) (citing In re Vanilla Gorilla, L.P., 80
USPQ2d 1637, 1640 (TTAB 2006)). The combination of QUAD and MASS results in
a composite that is itself merely descriptive of the goods. No amount of imagination,
thought or perception is required to reach a conclusion as to the nature of Applicant’s
goods.
Applicant argues that where doubt exists as to whether a trademark is merely
descriptive, that doubt should be resolved in its favor by publishing the proposed
mark for potential opposition. In re Box Solutions Corp., 79 USPQ2d 1953, 1955
Serial No. 88766676
- 17 -
(TTAB 2006).35 Here, the evidentiary record leaves no doubt – Applicant’s mark is
merely descriptive of the identified goods.

Decision:
The refusal to register Applicant’s proposed mark QUAD-MASS on the grounds
that it is merely descriptive pursuant to Trademark Act Section 2(e)(1) is affirmed.

35 Applicant’s Reply Brief, 7 TTABVUE 8.