Global Trading Network, Ltd.

Trademark Trial and Appeal Board

Oct 30, 2000

No. 75216572 (T.T.A.B. Oct. 30, 2000)

Paper No. 20
ejs
10/30/00
UNITED STATES PATENT AND TRADEMARK OFFICE
________
Trademark Trial and Appeal Board
________
In re Global Trading Network, Ltd.
________
Serial No. 75/216,572
_______
Gary L. Hahn of Gary L. Hahn, P.C. for Global Trading
Network, Ltd.
Barbara Brown, Trademark Examining Attorney, Law Office 102
(Thomas Shaw, Managing Attorney)
_______
Before Seeherman, Walters and Holtzman, Administrative
Trademark Judges.
Opinion by Seeherman, Administrative Trademark Judge:
Global Trading Network, Ltd. has appealed the final
refusal of the Trademark Examining Attorney to register
GLOBAL TRADING NETWORK as a service mark for "brokerage in
the fields of real estate and antiques."1 Registration has
been refused pursuant to Section 2(e)(1) of the Trademark

1 Application Serial No. 75/216,572, filed December 20, 1996,
and asserting a bona fide intent to use the mark in commerce.
THIS DISPOSITION
IS NOT CITABLE AS PRECEDENT
OF THE T.T.A.B.
Ser. No. 75/216,572
2
Act, 15 U.S.C. 1052(e)(1), on the ground that applicant's
mark is merely descriptive of its identified services.
Applicant has filed an appeal brief and a supplemental
appeal brief,2 and the Examining Attorney has filed a brief.
Applicant did not file a reply brief, and an oral hearing
was not requested.
A mark is merely descriptive, and therefore
unregistrable pursuant to Section 2(e)(1) of the Act, if it
immediately conveys information concerning a quality,
characteristic, function, ingredient, attribute or feature
of a product or service. It does not have to describe
every one of these. It is enough if it describes a single,
significant quality, feature, function, etc. Moreover, the
question of whether or not a particular term is merely
descriptive is not decided in a vacuum but in relation to
the goods on which, or the services in connection with
which, it is used. In re Venture Lending Associates, 226
USPQ 285 (TTAB 1985).
It is the Examining Attorney's position that the plain
meaning of the phrase GLOBAL TRADING NETWORK, when used in

2 After the filing of applicant's appeal brief the application
was assigned to a new Examining Attorney, who requested remand of
the application in order to make additional evidence of record.
This request was granted, as a result of which applicant was
allowed to file a supplemental appeal brief directed to the new
evidence.
Ser. No. 75/216,572
3
connection with brokerage in the fields of real estate and
antiques, immediately conveys information about a
characteristic of applicant's services, namely, that
applicant buys and sells real estate and antiques
internationally by means of connecting sellers of real
estate or antiques with purchasers of real estate and
antiques. The Examining Attorney, in support of this
position, points to certain dictionary definitions which
were made of record, including the following:
Global: of, pertaining to, or
involving the entire earth: WORLDWIDE3
Trade: to engage in buying and selling
for profit;4
Network: any widespread, highly
organized system or activity: a crime
network;5 to make connections among
people or groups of a like kind;6 an
extended group of people with similar
interests or concerns who interact and
remain in informal contact for mutual
assistance or support7
We agree with the Examining Attorney that GLOBAL
TRADING NETWORK is merely descriptive of brokerage in the
field of real estate. When these individual words are
combined in the phrase GLOBAL TRADING NETWORK, and that

3 WEBSTER'S II New Riverside University Dictionary.
4 WEBSTER'S II New Riverside University Dictionary.
5 The Random House College Dictionary.
6 New Riverside University Dictionary.
7 The American Heritage Dictionary of the English Language, 3d
ed. © 1992.
Ser. No. 75/216,572
4
phrase is used in connection with real estate brokerage
services, the mark immediately conveys to purchasers and
prospective purchasers that the real estate brokerage
services are offered internationally by means of a network.
In this connection, we note that the Examining Attorney has
submitted evidence from the NEXIS data base showing that
the public has been exposed to the idea that real estate
brokers work through network arrangements. For example:
Sullivan Group of Florida has joined
RealSource Group Inc., a network of
commercial real estate brokerages
around the country.
"The Orlando Sentinel," October 4, 1999
In addition to the yard sign and
advertising in local newspapers, your
Realtor has many additional resources
such as a strong network with other
Realtors, real estate books, existing
buyers, the Internet and the multiple
listing service.
"50 Plus Lifestyles," September 1, 1999
"Prudential owns one of the largest
real estate networks in the country,"
Magruder comments. "it's an affiliate
franchise network, so we don't own the
individual offices….
"Employee Benefit News," September 1,
1999
Christies' Great Estates is the largest
network of independent real-estate
brokers specializing in the sale of
luxury properties.
"Press Journal," August 8, 1999
Ser. No. 75/216,572
5
Applicant seems to argue that the mark does not
describe its actual services because it itself is not part
of a network, and most of its activities "in rendering its
brokerage services are probably not 'Trading' in the strict
sense of the definition of the word 'Trading,' as it was
cited by the Examining Attorney," appeal brief, p. 6.
Applicant also appears to suggest that "Global" is not
really applicable to its services because it has only a
single shareholder, officer and employee, Robert Bykowski,
who conducts the brokerage service from his home, and the
majority of its business occurs in the United States.
We are not persuaded by applicant's argument.
Applicant has identified its services as "brokerage in the
field of real estate and antiques," and we must determine
the question of descriptiveness with respect to the
identified services. This is particularly appropriate in
this case because, although applicant has discussed how its
business operates, its application was based on an
intention to use the mark, and no amendment to allege use
has been submitted.
In addition, applicant's statements regarding its
operations show that it "has performed its brokerage
services in connection with purchases of goods and/or real
estate in countries other than the United States of
Ser. No. 75/216,572
6
America." Appeal brief, p. 3. Applicant's real estate
brokerage services certainly constitute "trading." The
various activities applicant describes in its appeal brief
at p. 7, e.g., helping its client put together an offer or
an acceptance for a contract of purchase, are part of the
process of buying and selling for profit. Further, even if
applicant performs additional activities, as we stated
above, it is sufficient if a term describes a single
significant characteristic of the goods or services in
order to support a finding that the term is merely
descriptive.
Applicant also performs its services through a
network: Mr. Bykowski is a member of the Ann Arbor Area
Board of Realtors, which is an organization of the Realtors
and real estate brokers in the local area. This Board
publishes on a weekly basis certain books and computer data
through the Multiple Listing Service, which lists and
describes the real estate which is for sale in the local
area. As a member of the organization, Mr. Bykowski can
receive copies of these weekly books and has access to the
computer data. Mr. Bykowski can also submit information to
the Multiple Listing Service in order to sell applicant's
clients' real estate. Further, when applicant's customers
wish to sell or buy real estate outside the market area of
Ser. No. 75/216,572
7
the Ann Arbor Board of Realtors, Mr. Bykowski, as a
licensed Realtor and real estate broker, can access market
information from other Boards of Realtors. Thus,
applicant, through Mr. Bykowski, is part of a network
consisting of both the Ann Arbor Board of Realtors and a
larger group of realtors outside the Ann Arbor area.8
Applicant would limit a "network" to a company which has
many offices which are all part of the same business entity
or organization, or a group of separate companies which are
linked by contract, franchise or other formal or technical
affiliation, or a group of offices or persons which are
connected by a private electronic or other limited-access
communications linkage to do business primarily with each
other. Supplemental brief, pp. 12-13. Even if we were to
accept applicant's position, we think that its connection
with the Ann Arbor Board of Realtors would constitute such
an affiliation. Thus, applicant's analogies to independent
companies taking advantage of information from the
Internet, etc., but not being part of a network, are
inapposite.

8 In view of the evidence showing that applicant's real estate
trading activities are both international and performed through a
network, we see no need to remand the application to the
Examining Attorney to consider a refusal based on deceptive
misdescriptiveness.
Ser. No. 75/216,572
8
Accordingly, the mark GLOBAL TRADING NETWORK not only
describes the services as identified in the application,
but the services which in fact are rendered by applicant.
Applicant also argues that GLOBAL TRADING NETWORK is a
broad, general term that includes many categories of goods
and is too vague to convey an immediate idea of the
characteristics of applicant's identified services. It is
true that the phrase GENERAL TRADING NETWORK has been used
in a number of contexts, as shown by the various NEXIS
excerpts submitted by the Examining Attorney.9 However, our
determination as to whether the phrase is merely
descriptive is based on how consumers of the identified
services would view it; therefore, we must consider the
term not in the abstract, or as it is used in connection
with securities brokerage, banking, etc. (applicant's
supplemental brief, p. 8), but in connection with real
estate brokerage services. As used in that context, for

9 As an aside, we are dismayed by the number of NEXIS excerpts
submitted by the Examining Attorney. According to the search
cover sheet, the search retrieved 190 "hits," and the Examining
Attorney submitted 80 of them. We have previously stated that
the submission of such a large number of articles is not only
unnecessary, but it is burdensome to the Board to have to review
them. It is the far better practice to submit a representative
sample, indicating that this is the case. In addition, a large
number of the excerpts are taken from wire service reports.
Since there is no indication that these reports were ever
published, these excerpts are of no value in terms of showing
public exposure to the use of the term involved, and we have not
considered them in reaching our decision herein.
Ser. No. 75/216,572
9
the reasons discussed above, we find that applicant's mark
GLOBAL TRADING NETWORK is merely descriptive of the service
of brokerage in the field of real estate.
In view of this finding, and since a refusal on the
ground of mere descriptiveness must be affirmed if a mark
is found to be merely descriptive of any of the goods or
services in a particular class, we need not discuss whether
GLOBAL TRADING NETWORK is merely descriptive in connection
with the applicant's brokerage services in the field of
antiques.
Decision: The refusal on the ground that GLOBAL
TRADING NETWORK is merely descriptive of "brokerage in the
fields of real estate and antiques" is affirmed.
E. J. Seeherman
C. E. Walters
T. E. Holtzman
Administrative Trademark Judges
Trademark Trial and Appeal Board
Ser. No. 75/216,572
10
TWORK is merely descriptive of real estate brokerage
services, it is merely descriptive of brokerage in the
field of antiques,
Applicant has explained that it is a small Michigan
corporation which has only one shareholder, Robert
Bykowski, who is also the sole officer and employee of the
corporation. Although the application was based on an
intention to use the mark in commerce, and no amendment to
allege use has been filed, applicant states that it
operates in the field of real estate brokerage and the
brokerage of antiques. Applicant's business is conducted
by Mr. Bykowski from his home, and its goal "has been to
expand the capability of the corporation so that it could,
when needed, perform brokerage services in broader
geographic areas than is normally done by small-town
brokers." Brief, p. 3. Although the majority of
applicant's services have been performed in, and relate to,
goods and real estate in the local areas near its place of
Ser. No. 75/216,572
11
business, applicant has also performed its brokerage
services in countries other than the United States.
Applicant buys and sells real estate and antiques as
an agent for the benefit of or on behalf of others, and
acts as a broker for the buying and selling of real estate
and antiques.
Mr. Bykowski is a member of the Ann Arbor Area Board of
Realtors, which is an organization of the Realtors and real
estate brokers in the local area. This Board publishes on
a weekly basis certain books and computer data through the
Multiple Listing Service, which lists and describes the
real estate which are for sale in the local area, and as a
member of the organization, Mr. Bykowski can receive copies
of these weekly books and has access to the computer data.
Mr. Bykowski can also submit information to the Multiple
Listing Service in order to sell applicant's clients' real
estate. Further, when applicant's customers wish to sell
or buy real estate outside the market area of the Ann Arbor
Board of Realtors, Mr. Bykowski, as a licensed Realtor and
real estate broker, can access market information from
other Boards of Realtors.
Mr. Bykowski, as a Realtor and real estate broker, can
also obtain information about real estate through trade
Ser. No. 75/216,572
12
journals, mailings, and through regional, statewide, and
national brokers.
With respect to its antique brokerage services,
applicant, through Mr. Bykowski, has various sources of
information for buying and selling antiques. These include
trade groups, trade journals, other brokers, both local,
state, national and in other countries, advertisements and
lists which are available to brokers in the marketplace for
antiques.
The Examining Attorney has also submitted excerpts from a
large number of articles taken from the NEXIS data base.
Before discussing this evidence we think it necessary to
comment on the amount of material which has been made of
record. One of the searches, for the phrase "global
trading network," retrieved 190 stories, and the Examining
Attorney submitted 80 of them. As we have frequently
stated, the submission of such a large number of stories is
unnecessary, and creates needless work for the Board. It
is sufficient if the Examining Attorney submits a smaller
number, and simply indicates that it is a representative
sample. It is particularly disturbing to us that so many
of the excerpts have been taken from wire service reports.
Because there is no indication as to whether these reports
Ser. No. 75/216,572
13
ever appeared in print, they do not show public exposure to
the phrase "global trading network" or, with respect to the
second search, the use of "network" in connection with
"real estate" or "antique," and therefore we have not
considered them in reaching our decision herein. Further,
we note that many of the excerpts submitted are irrelevant
to the issue under consideration, and were apparently
retrieved merely because the searched words appeared within
five words of each other in the excerpt, e.g., "the plans
use networks of lawyers to handle estate planning, real
estate transactions"; "Anderson is a housing and
development consultant with a wide network of friends in
politics and real estate." It has been frequently
recognized that the NEXIS system is able to retrieve a wide
variety of information; however, the mere fact that
something has been retrieved should not be the only
criterion for making it part of the file.
The actual articles which are of record, however, show
that the public has been exposed to references to
"networks" in connection with real estate services. For
example,
Sullivan Group of Florida has joined
RealSource Group Inc., a network of
commercial real estate brokerages
around the country.
"The Orlando Sentinel," October 4, 1999
Ser. No. 75/216,572
14
In addition to the yard sign and
advertising in local newspapers, your
Realtor has many additional resources
such as a strong network with other
Realtors, real estate books, existing
buyers, the Internet and the multiple
listing service.
"50 Plus Lifestyles," September 1, 1999
PETCO worked with ChainLinks, a
national network of real-estate
brokers….
"Chain Store Age Executive," September
1999
"Prudential owns one of the largest
real estate networks in the country,"
Magruder comments. "it's an affiliate
franchise network, so we don't own the
individual offices….
"Employee Benefit News," September 1,
1999
ERA Franchise Systems Inc., one of the
largest residential real-estate
networks in the world….
"Press Journal,," August 15, 1999
Christies' Great Estates is the largest
network of independent real-estate
brokers specializing in the sale of
luxury properties.
"Press Journal," August 8, 1999
…Re/Max, which says it's the largest
real estate network in the world
measured by closed transactions.
"The Denver Post," July 25, 1999
Even without these materials, however, the excerpts
indicate that the phrase "global trading network" is used
Ser. No. 75/216,572
15
to refer to a variety of trade arrangements, as shown
below:
…says Bob Shaw, CEO and chairman of
World Commerce Online, the company
building Floraplex, an Internet global
trading network that ultimately will
connect thousands of flower retailers,
wholesalers, and growers. Floraplex
plans to let wholesalers bid on flowers
and make payments directly to the
growers.
"InformationWeek," May 31, 1999
"The 12 percent spurt in export sales
made the Twin Cities a real hot spot in
the global trading network," Douglas
Petty, the international business
consultant who prepared the analysis,
said in a prepared statement.
Only Seattle and San Jose, Calif.,
posted greater dollar growth in exports
than the Twin Cities, the report said.
"Star Tribune," October 16, 1997
Can stock will be sourced from Japan,
the United States, Australia and Europe
through the global trading network of
Mitsubishi Corp.
"American Metal Market," June 11, 1997
Chinese merchants sailing on junks
reached Calcutta and other Indian ports
on the Bay of Bengal sometime between
the 12th and 14th centuries. It is true
that Venetian, Spanish, Portuguese,
Dutch, and English merchants
participated in this global trading
network…. Owing to geography, Japan
found itself at the periphery of the
Asian global trading network, and
precisely because of this peripheral
location it has been able to retain its
independence throughout its history.
"The Economist," (U.S. ed.), March 22,
1997
Ser. No. 75/216,572
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At Siebert he instituted a global
trading network in Tokyo and London,
and was responsible for developing a
customer base of over 600 public and
corporate pension fund clients.
"Investment Dealers' Digest," July 6,
1992
. The second search was for references to the word
"network" found within five words of either "real estate"
or antique." This search retrieved over 4500 stories, and
the Examining Attorney submitted 30 of them