Mohawk Resources, Ltd.

Trademark Trial and Appeal Board

May 13, 2021

88606032 (T.T.A.B. May. 13, 2021)

Mailed: May 13, 2021
UNITED STATES PATENT AND TRADEMARK OFFICE
Trademark Trial and Appeal Board
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In re Mohawk Resources, Ltd.
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Serial No. 88606032
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Nicholas Mesiti and Thomas L. Sica of Heslin Rothenberg Farley & Mesiti P.C.
for Mohawk Resources, Ltd.

Angela Duong, Trademark Examining Attorney, Law Office 104,
Zachary Cromer, Managing Attorney.
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Before Bergsman, Adlin and Dunn, Administrative Trademark Judges.
Opinion by Adlin, Administrative Trademark Judge:
Applicant Mohawk Resources, Ltd. seeks a Principal Register registration for the
proposed mark LIFTPOINT, in standard characters, for “vehicle lifts; vehicle lifts
including two post, four post and mobile column lifts for fork truck service and
maintenance; four post vehicle lifts; two post vehicle lifts; mobile column vehicle lifts,”
in International Class 7.1 The Examining Attorney refused registration on the ground
that the proposed mark is merely descriptive of the identified goods under Section
2(e)(1) of the Trademark Act, 15 U.S.C. § 1052(e)(1). After the refusal became final,

1 Application Serial No. 88606032, filed September 5, 2019 under Section 1(a) of the
Trademark Act, 15 U.S.C. § 1051(a), based on first use dates of July 26, 2019.
This Opinion is Not a
Precedent of the TTAB
Serial No. 88606032
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Applicant appealed and filed a request for reconsideration which was denied. The
appeal is fully briefed.
I. Evidence and Arguments
The Examining Attorney relies on the following dictionary definitions of the
proposed mark’s constituent terms:
LIFT—“to raise from a lower to a higher position” and “a
device (such as a handle or latch) for lifting”2

POINT—“a narrowly localized place having a precisely
indicated position”3
March 15, 2020 Office Action TSDR 46-47, 55. She also relies on the “Oil & Gas
Drilling Glossary” definition of a composite term which is substantively similar to
Applicant’s proposed mark:
LIFTING POINT—“connection point on a structure used
to interface with lifting equipment”

December 13, 2019 Office Action TSDR 4.4
In addition, the Examining Attorney relies on evidence showing that in the vehicle
lift industry, the terms “lift” and “point” are sometimes combined into the composite
term “lift point” (or “lifting point”). For example, BendPak’s blog posting entitled
“Two-Post Lift Safety: Lifting Points, Adapters and Common Sense” states as follows:
certain common principles of safe usage apply to the
operation of two-post lifts: engage the correct lifting
points of the vehicle …

2 https://www.merriam-webster.com/dictionary/lift
3 https://www.merriam-webster.com/dictionary/point
4 https://www.iadclexicon.org/lifting-point/
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Lift Points and Center of Gravity … Because the center of
gravity is not necessarily located at the ‘true center’ of any
given vehicle, using the right lifting points is crucial
during every lift.”

Using Adapter Sets … Clearly labeled on your car lift
manual, you will always find instructions for using lift
adapters. Adapters, sometimes sold separately from the
lift(s) they accompany, are meant to be used on trucks,
SUVs and other vehicles with recessed lifting points that
require a little ‘boost’ to be reached.

There are people – having never experienced a vehicle
slipping off its lift points – who will try to save a few
minutes by setting vehicles by memory or feel …

Id. TSDR at 11-14 (emphasis added).
“Lift points” and “lifting points” are also known as “jacking points,” as revealed by
a blog post on the ASE Deals website, which states “Customers frequently ask us,
‘How do I know where to place the lift pads of my Two Post Lifts underneath my
vehicle? Where are the best jacking points? Where are the safest jacking points?” Id.
at 8. Thus, this blog post, like the BendPak post, reveals that vehicle lifts may include
accessories such as lift pads and lift adapters, which enable lifts to connect properly
to a vehicle’s “lift” or “jacking” points.
Challenger Lifts, for example, offers a variety of adapters and footpads which it
refers to as “lift point accessories” which “accommodate virtually any vehicle.”
October 7, 2020 Denial of Request for Reconsideration TSDR 13 (emphasis added).
These accessories include “dual pendant controls” which “expedite[] vehicle spotting
by providing an unobstructed view to lifting points.” Id. at 14. BendPak also offers
“lift point accessories” for its vehicle lifts. Id. at 16 (“BendPak’s durable, non-marring
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screw pads adjust to the height of the lift point, while drop-in frame cradle adapters
come standard for use on SUVs and trucks.”) (emphasis added).
The Examining Attorney introduced additional industry uses of the term “lift
point” in connection with vehicle lifts. Specifically, a number of individuals
participating in automobile repair discussion forums on the Internet (typically
mechanics) use “lift point” in connection with not just vehicles, but vehicle lifts,
including in one case Applicant’s vehicle lifts. March 15, 2020 Office Action TSDR 12-
14, 18, 24, 36. For example, “NY98M3” states that he recently installed Applicant’s
“A-7 Asymmetric 2 post lift,” and poses this question: “It seems that when the car is
centered with the lift points, there isn’t enough room in front of the vehicle … Let
me know what you guys think.” Id. at 12 (emphasis added). Thus, in this question
“lift points” refers to the lift, not the vehicle.
Applicant itself uses the term in connection with its vehicle lifts. An article on
Applicant’s website entitled “How to Maximize Lift Safety” depicts one of Applicant’s
lifts “set against the lifting points”:

Serial No. 88606032
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Id. at 15 (emphasis added).5 The article goes to instruct Applicant’s customers to
“know the lifting points”:

Id. at 16 (emphasis added). As explained in this section of the article, in order to “help
shop technicians determine manufacturer-specific lift points,” members of the
Automotive Lift Institute such as Applicant “include a copy of the book Lifting Point
Guide (LPG) with every lift they ship.” Id.; see also October 7, 2020 Denial of Request
for Reconsideration TSDR 23 (“The first step in making a proper lift is to find the
vehicle manufacturer recommended lifting points for that vehicle.”). Similarly,
vehicle manufacturers themselves include lift point information in their repair
manuals. Id. at 10 (“To learn how to jack up a car properly, consult a repair manual
to locate the recommended lift points and support locations for your vehicle.”). Thus,
vehicle lifts are not only used in connection with lift points, but they come with lift
point information.

5 As shown in the photograph, the “arms” of Applicant’s vehicle lift are “set against the
[vehicle’s] lifting points.”
Serial No. 88606032
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According to the Examining Attorney, this evidence “demonstrates that
‘LIFTPOINT’ is a recognized industry term for the recommended points of contact
when attempting to lift a vehicle using the applicant’s goods.” 12 TTABVUE 5. The
term “is merely descriptive of the main purpose of the applicant’s goods, which must
engage with a vehicle’s lift points in order to properly lift the vehicle.” Id. at 6. It
“conveys an immediate idea regarding the use of the applicant’s goods especially with
regards to lifting vehicles without damaging the vehicle or injuring the person
operating the lift.” Id. at 8.
Applicant did not introduce any evidence other than a printout from its own
website which primarily promotes the safety and efficiency of Applicant’s identified
goods. September 14, 2020 Request for Reconsideration TSDR 12-27. Applicant
argues that its proposed mark is not descriptive because it “at best describes a feature
of a vehicle, not a lift.” 10 TTABVUE 4. Furthermore, Applicant argues that the term
is coined and fanciful. “The term ‘liftpoint’ is not a word … There is no evidence of
any dictionary definition of ‘liftpoint’ in the record … A consumer, seeing the mark
LIFTPOINT, cannot readily determine the meaning of the mark, let alone the goods,
namely, vehicle lifts, without further investigation.” Id. at 6. In fact, “Applicant’s
product does not contain a ‘lift point.’” Id. at 7.
According to Applicant, the Examining Attorney’s evidence “shows no consistent
use of the term ‘liftpoint’. Rather, the evidence frequently refers to ‘lifting points’,
‘jacking points’, or ‘jack points’ rather than ‘liftpoint’ or even ‘lift point’.” Id.
Furthermore, because both “lift” and “point” each have multiple definitions,
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Applicant’s proposed mark could have multiple meanings, such as “an elevator, a
hoist, an airplane, a suitcase, a weightlifting apparatus, a protruding arch support
for shoes, or one of many other products which relate to combinations of the
definitions for ‘lift’ and ‘point.’” Id. at 10. At worst, according to Applicant, its
proposed mark is suggestive rather than merely descriptive. Id. at 10-13. Finally,
“LIFTPOINT is not commonly used,” by Applicant’s competitors or others, “to
describe a vehicle lift.” Id. at 14.
II. Decision
Applicant primarily argues that to the extent “lift point” is descriptive of anything,
it is descriptive of a feature or characteristic of vehicles, rather than vehicle lifts. 10
TTABVUE 4, 7, 8, 9, 11, 13; 13 TTABVUE 2, 3, 4, 5.6 This argument is entirely
consistent with the evidence. Indeed, “lift point” (and equivalent terms such as
“lifting point” and “jacking point”) refers to the recommended location on a vehicle,
usually at the bottom, from which to lift it. While Applicant’s argument is valid and
consistent with the record, it does not answer the question before us.

6 Applicant’s focus on a number of potential meanings of LIFTPOINT is misplaced. In re
Chopper Industries, 222 USPQ 258, 259 (TTAB 1984) (“It is well settled that so long as any
one of the meanings of a term is descriptive, the term may be considered to be merely
descriptive.”). See also, In re IP Carrier Consulting Group, 84 USPQ2d 1028, 1034 (TTAB
2007); In re Bright-Crest, Ltd., 204 USPQ 591, 593 (TTAB 1979). In fact, as the Examining
Attorney and Applicant both point out, we consider descriptiveness “not in the abstract, but
rather, in relation to the goods or services for which registration is sought.” 10 TTABVUE 5;
12 TTABVUE 5, 7. “The question is not whether someone presented with only the mark could
guess what the goods or services are. Rather, the question is whether someone who knows
what the goods or services are will understand the mark to convey information about them.”
DuoProSS Meditech Corp. v. Inviro Medical Devices Ltd., 695 F.3d 1247, 103 USPQ2d 1753,
1757 (Fed. Cir. 2012) (quoting In re Tower Tech Inc., 64 USPQ 2d 1314, 1316-17 (TTAB
2002)).
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The question we must answer is whether the proposed mark LIFTPOINT
“immediately conveys knowledge of a quality, feature, function, or characteristic” of
Applicant’s goods, which are vehicle lifts, not vehicles. In re Chamber of Commerce of
the U.S., 675 F.3d 1297, 102 USPQ2d 1217, 1219 (Fed. Cir. 2012) (quoting In re Bayer
AG, 82 USPQ2d at 1831); In re Abcor Dev., 588 F.2d 811, 200 USPQ 215, 217-18
(CCPA 1978). We find that it does, because even though “lift point” refers to a location
on a vehicle rather than a vehicle lift, that location is inextricably intertwined with
vehicle lifts, as it is the place where vehicle lifts come in contact with vehicles. The
term is not only commonly used in the vehicle lift industry, but it is also commonly
used in association with vehicle lifts specifically, to describe how they function and
the location where they come in contact with vehicles.7
In fact, lift points exist to provide a safe and efficient place for vehicle lifts to raise
vehicles; they do not relate to vehicle operation. Thus, while they are features of
vehicles rather than vehicle lifts, at the same time their function is to enable lifting
and, importantly, to work in connection with vehicle lifts.

7 To the extent Applicant contends that there is a meaningful difference between LIFTPOINT
presented without a space between the term’s two constituent words and “lift point” with a
space, we are not persuaded. See, e.g., In re Omaha Nat’l Corp., 819 F.2d 1117, 2 USPQ2d
1859 (Fed. Cir. 1987) (FIRSTIER merely descriptive of banking services); In re Carlson, 91
USPQ2d 1198, 1200 (TTAB 2009) (URBANHOUZING merely descriptive of real estate
brokerage, real estate consultation and real estate listing services); In re Cox Enters. Inc., 82
USPQ2d 1040, 1043 (TTAB 2007) (“Applicant’s mark THEATL is simply a compressed
version of the descriptive term THE ATL without a space between the two words. Without
the space, THEATL is equivalent in sound, meaning and impression to THE ATL and is
equally descriptive of applicant’s goods.”); In re A La Vieille Russie Inc., 60 USPQ2d 1895,
1897 n.2 (TTAB 2001) (“the compound term RUSSIANART is as merely descriptive as its
constituent words, ‘Russian Art’”).

Serial No. 88606032
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In other words, lift points are essentially part and parcel of vehicle lifts, so much
so that the Automotive Lift Institute, a vehicle lift industry organization, distributes
its Lifting Point Guide to assist vehicle lift operators in locating the recommended lift
points on particular vehicles. Vehicle repair manuals include this information as well,
for the same reason. The information is directed to mechanics and others who
purchase or operate vehicle lifts. Indeed, as Applicant points out, “people who work
in the auto maintenance industry,” such as mechanics and others in the vehicle repair
industry, are “the relevant consumers for Applicant’s product.” 10 TTABVUE 8. The
record shows that these relevant consumers are trained (by Applicant among others)
to use vehicle lifts in association with recommended vehicle lift points, for safety and
other reasons. March 15, 2020 Office Action TSDR 15-16 (Applicant’s article on “How
to Maximize Lift Safety”); October 7, 2020 Denial of Request for Reconsideration
TSDR 10, 23. Thus, vehicle lift points are a “feature, function or characteristic” of
vehicle lifts, because according to vehicle lift manufacturers, including Applicant,
vehicle lifts must interact with recommended lift points for safety and other reasons.
The record reveals the close bond between vehicle lifts and vehicle lift points in
other ways. Not only do vehicle lift manufacturers include lift point information with
their vehicle lifts, thus making lift point information an essential element of their
goods, but vehicle lift manufacturers also sell “lift point accessories,” including lift
pads, lift adapters and other vehicle lift parts designed specifically to work with
vehicle lift points. Importantly, these “lift point accessories” − a generic or at best
descriptive term used by Challenger Lifts and others − are accessories not for
Serial No. 88606032
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vehicles, but for vehicle lifts. This establishes that while lift points are features of
vehicles, they are also, simultaneously, features or characteristics of vehicle lifts,
because in order to function safely and properly, vehicle lifts must be used with
recommended vehicle lift points. To accomplish this, vehicle lifts may require specific
vehicle lift parts (“lift point accessories”) designed to work in connection with (and
named for) lift points. It bears repeating that lift point accessories are accessories for
vehicle lifts, not for vehicles.
As the definition of the closely related term “lifting point” puts it, a “lifting point”
is a “connection point on a structure used to interface with lifting equipment.”
December 13, 2019 Office Action TSDR 4. In other words, a lift/lifting point may be
on or under a vehicle, but it “interfaces” with, and is intended specifically for, vehicle
lifts, and in this sense is an important characteristic thereof.8
III. Conclusion
The record leaves no doubt that LIFTPOINT is merely descriptive of Applicant’s
vehicle lifts, which are intended to be used with vehicle lift points. In fact, when used
in connection with a vehicle lift, LIFTPOINT merely describes a significant vehicle
feature necessary for the safe use of the vehicle lift. In other words, a lift point is
essential to the safe use and operation of a vehicle lift even though the lift point is on

8 Even if Applicant is the first and only user of the term LIFTPOINT (without a space), that
would be irrelevant. In re Fat Boys Water Sports LLC, 118 USPQ2d 1511, 1514 (TTAB 2018)
(“The fact that Applicant may be the first or only user of a term does not render that term
distinctive ….”); In re Sun Microsystems, Inc., 59 USPQ2d 1084, 1087 (TTAB 2001). Cf. KP
Permanent Make-Up, Inc. v. Lasting Impression I, Inc., 543 U.S. 111 (2004), 72 USPQ2d 1833,
1838 (2004) (trademark law does not countenance someone obtaining “a complete monopoly
on use of a descriptive term simply by grabbing it first”).
Serial No. 88606032
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the vehicle. Finally, Applicant’s competitors in the vehicle lift industry use “lift point”
in connection with their lift point accessories for vehicle lifts, and should not be denied
the opportunity to continue doing so. See In re Boston Beer Co. L.P., 47 USPQ2d 1914,
1920-21 (TTAB 1998), aff’d, 198 F.3d 1370, 53 USPQ2d 1056 (Fed. Cir. 1999); In re
Abcor Dev., 200 USPQ at 217 (“The major reasons for not protecting [merely
descriptive] marks are … to maintain freedom of the public to use the language
involved, thus avoiding the possibility of harassing infringement suits by the
registrant against others who use the mark when advertising or describing their own
products.”).

Decision: The refusal to register Applicant’s proposed mark on the Principal
Register because it is merely descriptive under Section 2(e)(1) of the Trademark Act
is affirmed.