Amish Patel

Trademark Trial and Appeal Board

Feb 18, 2009

No. 77131034 (T.T.A.B. Feb. 18, 2009)

Mailed: February 18, 2009

UNITED STATES PATENT AND TRADEMARK OFFICE
___________

Trademark Trial and Appeal Board
___________

In re Amish Patel
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Serial No. 77131034
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Michael Kroll, Esq. for Amish Patel.

Tasneem Hussain, Trademark Examining Attorney, Law Office
105 (Thomas G. Howell, Managing Attorney).
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Before Walters, Zervas and Walsh, Administrative Trademark
Judges.

Opinion by Walters, Administrative Trademark Judge:

Amish Patel has filed an application to register on the
Principal Register the standard character mark E-FAN for
“solar powered fan,” in International Class 11.1
The examining attorney has issued a final refusal to
register, under Section 2(e)(1) of the Trademark Act, 15
U.S.C. 1052(e)(1), on the ground that applicant’s mark is
merely descriptive in connection with its goods.

1 Serial No. 77131034, filed March 14, 2007, based on an allegation of a
bona fide intention to use the mark in commerce.
THIS OPINION
IS NOT A PRECEDENT OF
THE TTAB
Serial No. 77131034
2
Applicant has appealed. Both applicant and the
examining attorney have filed briefs. We affirm the refusal
to register.
The examining attorney contends that the identified
goods are electronic fans; that “E” is a commonly recognized
designation for electronic goods, “FAN” is a generic term
for the identified goods, and, thus, E-FAN is merely
descriptive of the applicant’s goods. The examining
attorney states that, according to material referring
specifically to applicant’s fans, while the fans are solar
powered, they remain electronic rather than manual fans.
In support of this position, the examining attorney
submitted copies of six third-party registrations on the
Supplemental Register for different electronic goods for
marks that begin with the prefix “E-.”2 The examining
attorney also submitted the following dictionary
definitions:
• Encarta.msn.com: “e- prefix - 1.
electronic, e-mail 2. electronic data
transfer via the Internet, e-commerce
[Abbreviation of electronic]”
• dictionary.cambridge.org: “e- abbreviation
for electronic e-commerce, e-mail”

2 Registration No. 2633463 for E-CHARTS for magazines and the like;
Registration No. 2551378 for E-MANIFEST for software; Registration No.
2701587 for E-PAD for electronically-operated keypads; Registration
No.2982423 for E-PLATE for laboratory equipment; and Registration
No.3150759 for E-CONTROL for software development kits. Another
registration is based on a foreign registration and, thus, is not
probative.
Serial No. 77131034
3
• m-w.com/dictionary: “e- electronic ”
• bartleby.com – American Heritage Dictionary
of the English Language, 4th ed. 2000:
“electronic” - 1. Of or relating to
electrons. 2. Of, based on, operated by, or
otherwise involving the controlled conduction
of electrons or other charge carriers,
especially in a vacuum, gas, or semi
conducting material. 3. Of, relating to, or
produced by means of electronics. … 5. Of,
implemented on, or controlled by a computer
or computer network.”
Finally, the examining attorney submitted an excerpt
about applicant’s fan from the website
www.invention.net, which describes the fan as follows:
The present invention aims to provide a solar
powered fan in a compact cylindrical housing that
can be comfortably handheld. The small compact
design can be easily stored and transported on
one’s person, in a brief case or beach bag.
Contained within the fan is a solar panel which
can be used to directly power the fan motor or to
recharge the optional battery pack. A plurality
of various length cables provides a conduit for
power from the solar panel to the fan.
The examining attorney contends that the following quote
about a solar-powered fan made in China from an English
language website, Alibaba.com, demonstrates that solar-
powered fans are electronic in that they use circuits to
function and operate on electric energy.
Bestek Electronics (China) – product: solar
energy fan. Product description: “the solar
energy fan utilizes the sunlight that shines the
photovoltaic solar panel and then transfers it
into electric energy, then the electric energy
Serial No. 77131034
4
drives the high performance micro motors to make
fan running.

Applicant contends a multi-step reasoning process is
required to understand the nature of the goods, stating that
“[i]n all probability, the vast majority of fans are powered
by electricity, yet simply because a fan is so energized, …
does not describe, or even suggest that, any electric-
powered fan might likely be one that converts solar energy
to electric power for operating the fan.” (Brief, p. 4.)
Applicant also contends that the prefix “E-” refers to
“electronic” in the context of an Internet-related feature
of ones goods or services, rather than, as in this case,
merely indicating that a fan is electronically operated.
The test for determining whether a mark is merely
descriptive is whether it immediately conveys information
concerning a quality, characteristic, function, ingredient,
attribute or feature of the product or service in connection
with which it is used, or intended to be used. In re Bayer
Aktiengesellschaft, 488 F.3d 960, 82 USPQ2d 1828, 1831 (Fed.
Cir. 2007); In re Engineering Systems Corp., 2 USPQ2d 1075
(TTAB 1986); In re Bright-Crest, Ltd., 204 USPQ 591 (TTAB
1979). It is not necessary, in order to find that a mark is
merely descriptive, that the mark describe each feature of
the goods or services, only that it describe a single,
Serial No. 77131034
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significant quality, feature, etc. In re Venture Lending
Associates, 226 USPQ 285 (TTAB 1985).
Of particular relevance in this case is the well-
established that the determination of mere descriptiveness
must be made not in the abstract or on the basis of
guesswork, but in relation to the goods or services for
which registration is sought, the context in which the mark
is used, and the impact that it is likely to make on the
average purchaser of such goods or services. In re
Recovery, 196 USPQ 830 (TTAB 1977). Thus, applicant’s
argument that one viewing the mark will not be able to guess
at the nature of the goods without multiple reasoning steps
is not well taken.
Clearly the FAN portion of the mark is the name of the
goods. It is also clear that the goods are powered by
electricity, and, in this case, the source of the
electricity is solar power. There is also no question that
“E-“ is a common abbreviation for “electronic.” Applicant
argues that this abbreviation only refers to electronics
connected with the Internet; however, the dictionary
definitions indicate otherwise. Based on these dictionary
definitions, “electronic” also pertains to devices that are
powered by electricity, as in the case herein. The source
of that electricity, i.e., solar power, is immaterial.
Thus, we have no doubt that prospective purchasers of
Serial No. 77131034
6
applicant’s solar-powered fans identified by the mark E-FAN
will immediately understand that applicant’s goods are
electric fans. This is obviously a significant feature of
these goods.
In conclusion, when applied to applicant’s goods, the
term E-FAN immediately describes, without conjecture or
speculation, a significant feature or function of
applicant’s goods, namely, that its fans are electronically
powered (regardless of the source of that power). Nothing
requires the exercise of imagination, cogitation, mental
processing or gathering of further information in order for
purchasers of and prospective customers for applicant’s
services to readily perceive the merely descriptive
significance of the term E-FAN as it pertains to applicant’s
goods.
Decision: The refusal under Section 2(e)(1) of the Act
is affirmed.