Playnet, Inc.

Trademark Trial and Appeal Board

Sep 5, 2001

No. 75848700 (T.T.A.B. Sep. 5, 2001)

9/5/01 Paper No.10
RS/TW

UNITED STATES PATENT AND TRADEMARK OFFICE
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Trademark Trial and Appeal Board
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In re Playnet, Inc.
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Serial No. 75/848,700
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Melvin A. Hunn of Hill & Hunn LLP for Playnet, Inc.

Joseph L. Manalili, Trademark Examining Attorney, Law
Office 110(Chris A.F. Pedersen, Managing Attorney).
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Before Simms, Wendel and Bucher, Administrative Trademark
Judges.

Opinion by Simms, Administrative Trademark Judge:

Playnet, Inc. (applicant), a Texas corporation, has
appealed from the final refusal of the Trademark Examining
Attorney to register the asserted mark WWII ONLINE for
entertainment services, namely, providing an online
multiplayer computer game utilizing simulated ships,
planes, tanks and individual soldiers.1 Upon request,
applicant disclaimed exclusive right to the word “ONLINE.”

1 Application Serial No. 75/848,700, filed November 15, 1999,
based upon applicant’s allegation of a bona fide intention to use
the mark in commerce.
THIS DISPOSITION
IS NOT CITABLE AS PRECEDENT
OF THE T.T.A.B.
Ser. No. 75/848,700

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Applicant and the Examining Attorney have submitted briefs
but no oral hearing was requested.
We affirm.
The Examining Attorney has refused registration under
Section 2(e)(1) of the Act, 15 USC §1052(e)(1), arguing
that applicant’s mark merely describes a significant
feature of applicant’s services-—that is, that applicant’s
mark identifies the subject matter of its computer games as
well as indicates that applicant is providing this service
online. The Examining Attorney notes that the first
element of applicant’s mark is an abbreviation of “World
War Two” or “Second World War.” As applied to applicant’s
services, the Examining Attorney concludes that applicant’s
asserted mark immediately and without imagination describes
applicant’s computer game services with a World War II
theme accessible via the Internet.
Applicant, on the other hand, argues that its mark is
not merely descriptive or even suggestive of its services,
but rather is an inventive use of words and evokes a unique
commercial impression. It is applicant’s position that
potential users will not believe that applicant’s services
are in the nature of a computer game merely by looking at
its mark. Applicant suggests that its mark could also
identify a number of goods or services, such as a Web site
Ser. No. 75/848,700

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posting photographs from World War II, or perhaps an online
memorial site dedicated to World War II veterans.
Applicant maintains that registration to it will not
inhibit competitors in the computer game industry.
Applicant has pointed to several third-party registrations
where the phrase “World War II” was registered.
With respect to those registrations, the Examining
Attorney has submitted copies demonstrating that those
registrations, for magazines and online information
services, issued pursuant to the provisions of Section 2(f)
of the Act, 15 USC §1052(f), and that in other
registrations these words were disclaimed.
A mark is merely descriptive if it immediately
describes the ingredients, qualities, or characteristics of
the goods or services or if it conveys information
regarding a function, purpose or use of applicant’s goods
or services. In re Abcor Development Corp., 588 F.2d 811,
200 USPQ 215, 217 (CCPA 1978). In determining mere
descriptiveness, one looks at the mark in relation to the
goods or services listed in the application, and not in the
abstract. In re Omaha National Corp., 819 F.2d 1117, 2
USPQ2d 1859 (Fed. Cir. 1987).
Upon careful consideration of this record and the
arguments of the attorneys, we agree with the Examining
Ser. No. 75/848,700

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Attorney that applicant’s asserted mark WWII ONLINE merely
describes an online service about World War II. As applied
to an online computer game service using simulated ships,
planes, tanks and soldiers, the asserted mark is merely
descriptive of a significant feature or characteristic of
applicant’s services, immediately indicating that
applicant’s online game services relate to World War II.
Applicant’s other arguments are without merit.
Decision: The refusal of registration is affirmed.