Ole K. Nilssen

Trademark Trial and Appeal Board

Mar 9, 2004

No. 76160862 (T.T.A.B. Mar. 9, 2004)

Mailed: March 9, 2004
Paper No. 16
PTH
UNITED STATES PATENT AND TRADEMARK OFFICE
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Trademark Trial and Appeal Board
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In re Ole K. Nilssen
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Serial No. 76160862
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Steven R. Trybus of Roper & Quigg for Ole K. Nilssen.
Heather D. Thompson, Trademark Examining Attorney, Law
Office 103 (Michael Hamilton, Managing Attorney).
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Before Simms, Hairston and Walters, Administrative
Trademark Judges.
Opinion by Hairston, Administrative Trademark Judge:
Ole K. Nilssen has filed an application to register on
the Principal Register the mark SIGMALON for a variety of
goods in International Classes 9 and 11. The Examining
Attorney refused registration on the ground that the
identification of goods was indefinite and required
amendment. Applicant filed a response amending the
existing identification of goods. The Examining Attorney
declined to accept the amended identification of goods and
THIS DISPOSITION IS NOT
CITABLE AS PRECEDENT OF
THE TTAB
Ser No. 76160862
2
made final the refusal with respect to the identified goods
in both classes. Applicant filed a notice of appeal and
request for reconsideration wherein he further amended the
identification of goods in both classes. Upon
reconsideration, the Examining Attorney declined to accept
the further amendment to the identification of goods, and
continued the final refusal on the ground that applicant’s
identification of goods is indefinite. In addition, the
Examining Attorney noted that, depending upon the precise
nature of the goods in class 11, such goods may be
improperly classified. Both applicant and the Examining
Attorney have filed briefs, but an oral hearing was not
requested.
The identification of goods In International Classes 9
and 11 (as amended in applicant’s request for
reconsideration) is as follows:
Centralized electrical power supplies; electrical
power distribution networks for centralized power
supplies; uninterruptible power networks; centralized
electrical power supplies operable, within a
building, to generate and supply a voltage of
frequency distinctly different from that of the
AC voltage normally present on an ordinary
electric utility power line; centralized
uninterruptible power networks, each operable to
distribute electrical power to each of plural
different loads disposed at different
locations within a building; receptacles
connected by way of an electrical power
distribution network with a centralized
source of voltage of frequency distinctly
Ser No. 76160862
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different from that of the AC voltage
normally present on an ordinary electrical
utility power line; electrical loads
adapted to be powered from or by a voltage
provided by a central source of voltage
of frequency distinctly different from
that of the AC voltage on an ordinary
electrical power utility power line;
distribution networks operative, within a
building, to supply electrical power from a
centralized power supply to plural
electrical loads disposed at different
locations within the building;
fire-initiation-safe electrical power
supplies and networks, distribution networks
operative, within a building, to distribute
electrical power, electronic and optical
data and signals to plural locations within
the building in class 9; and
Lighting systems and products, namely gas
discharge lamps, arc discharge lamps,
incandescent lamps and any other types
of electrically and optically actuated
light emitting means; lighting fixtures
and luminaries namely, gas discharge
lamps, arc discharge lamps, incandescent
lamps, electrically actuated light emitting
devices and optically actuated light
emitting devices; electrical power
distribution networks characterized as
being able to distribute power, data and
voice transmissions alone or combined in
class 11.
The indefinite portions of the identification of
goods, as asserted by the Examining Attorney, relate to use
of the term “networks,” and are set forth below:
electrical power distribution networks;
uninterruptible power networks;
centralized uninterruptible power networks;
Ser No. 76160862
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distribution networks; and
fire-initiation-safe electric power networks.
It is the Examining Attorney’s position that an
acceptable identification of goods must specify the
components of any networks.
Applicant maintains that the term networks would be
readily understandable to the relevant purchasers of
electrical goods and services. Further, applicant argues
that he has specified the function of the networks and thus
it is unnecessary to recite the components thereof.
Applicant has submitted copies of eight third-party
registrations wherein the term “network(s)” is used in the
identification of goods as evidence that the term is
acceptable to the USPTO. With respect to the potential
classification problem, applicant maintains that the goods
are properly classified in class 11.
We find no error in the requirement that applicant
specify the components of the networks in the
identification of goods. Even in the context of the full
identification of goods, it is not clear what comprises
such “networks,” or whether the components should be
properly listed in other classes if sold separately.
Further, it is not enough, as applicant argues that
knowledgeable purchasers of the goods would understand what
Ser No. 76160862
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is meant by networks; rather the identification of goods in
an application should be sufficiently clear that the
average purchaser would understand what the goods are. In
re Air Products and Chemicals, Inc., 192 USPQ 84 (TTAB
1976). Further, it is within the discretion of the USPTO
to require that an applicant’s goods be identified with
particularity. In re Water Gremlin Co., 635 F.2d 841, 208
USPQ 89 (CCPA 1980) and cases cited therein.
With respect to the third-party registrations relied
on by applicant, as the Examining Attorney correctly points
out:
These third-party registrations can easily be
distinguished from the applicant’s case because
applicant is using the term networks alone to
identify its goods. In [the third-party
registrations], power networks or power
distribution networks are terms used to modify
already specified goods and to indicate the field
of use or application for such goods.
(Brief, p. 6)(emphasis in original).1
1 For example, Registration No. 2,205,441 for the mark ONE-LINER
covers “computer software for creating and monitoring a one-line
drawing of an electrical power distribution network”;
Registration No. 1,292,670 for the mark POLAREX covers, inter
alia, “manually settable relay switched adapted for connection to
a power network …”; and Registration No. 1,244,273 for the mark
SMART DUTY CYCLER covers “microcomputer based radio receivers for
shaving peak demand in an electrical power distribution network.”
Ser No. 76160862
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Decision: The refusal to register applicant’s mark,
on the ground that the identification of goods in Classes 9
and 11 is indefinite, is affirmed.