Shim Phyau Min

Trademark Trial and Appeal Board

Jul 21, 2021

88255234 (T.T.A.B. Jul. 21, 2021)

Mailed: July 21, 2021
UNITED STATES PATENT AND TRADEMARK OFFICE
Trademark Trial and Appeal Board
————
In re Shim Phyau Min
_____
Serial Nos. 88255234 and 88258789
_____
Maria Crimi Speth of Jaburg & Wilk P.C.,
for Shim Phyau Min.

Chioma (Bata) Oputa, Trademark Examining Attorney, Law Office 103,
Stacy Wahlberg, Managing Attorney.
_____
Before Wolfson, Adlin and Lebow, Administrative Trademark Judges.
Opinion by Adlin, Administrative Trademark Judge:
Applicant Shim Phyau Min seeks Principal Register registrations for the proposed
mark BEAUTY SG (in standard characters) for: “dietary and nutritional
supplements,” in International Class 5;1 and “cleansers for intimate personal hygiene
purposes, non medicated; cosmetic preparations; facial masks; hair care
preparations; hair conditioner; hair shampoo; nail care preparations; nail polish; nail
polish remover; non-medicated skin care preparations, namely, creams, lotions, gels,
toners and cleansers; skin lotions; facial cleansers; skin cleansers,” in International

1 Application Serial No. 88255234, filed January 9, 2019 under Section 1(b) of the Trademark
Act, based on an alleged intent to use the mark in commerce (the “’234 Application”).
This Opinion is Not a
Precedent of the TTAB
Serial Nos. 88255234 and 88258789
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Class 3.2 Applicant disclaimed BEAUTY in the ’789 Application for the Class 3 goods,
but did not disclaim the term in the ’234 Application for the Class 5 goods. The
Examining Attorney refused registration in both applications under Section 2(e)(2) of
the Act, 15 U.S.C. § 1052(e)(2), on the ground that the proposed mark is primarily
geographically descriptive of Applicant’s goods in both classes.
After the refusals became final, Applicant appealed and filed her Appeal Briefs.
The Examining Attorney then requested and was granted remands to introduce
additional evidence. When the appeals resumed, Applicant filed a Supplemental
Appeal Brief in the ’789 Application only, and the Examining Attorney filed her
Appeal Briefs in both applications.
I. Appeals Consolidated
These appeals involve common questions of law and fact and the records are quite
similar. Accordingly, we consolidate and decide both appeals in this single decision.
See In re Binion, 93 USPQ2d 1531, 1533 (TTAB 2009); TRADEMARK TRIAL AND APPEAL
BOARD MANUAL OF PROCEDURE (TBMP) § 1214 (2020).3

2 Application Serial No. 88258789, filed January 11, 2019 under Section 1(b) of the Act, based
on an alleged intent to use the mark in commerce (the “’789 Application”).
3 Citations are to the record in the ’234 Application, unless otherwise indicated, and refer to
the USPTO’s Trademark Status & Document Retrieval (“TSDR”) system’s online database,
by page number, in the downloadable .pdf format. In citations to the Board’s online docketing
system, TTABVUE, the number preceding “TTABVUE” corresponds to the docket entry
number(s), and any number(s) following “TTABVUE” refer to the page number(s) of the
docket entry where the cited materials appear.

Serial Nos. 88255234 and 88258789
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II. Evidence and Arguments
The Examining Attorney argues that SG is “a widely recognized abbreviation” for,
and “substantially synonymous” with, Singapore, an island nation in Southeast Asia,
and that Applicant’s goods “originate” there. 16 TTABVUE 5, 6, 13-14; March 25,
2019 Office Action TSDR 49-53 (Columbia Gazetteer of the World). Moreover,
according to the Examining Attorney, BEAUTY is merely descriptive of Applicant’s
goods in both classes. 16 TTABVUE 9-11.
To support her claim that SG is geographically descriptive, the Examining
Attorney relies on evidence that the abbreviation SG refers to Singapore in a number
of contexts. For example, the Sustainable Sources and World Atlas websites provide
“Country Abbreviations,” which indicate that “SG” identifies Singapore. March 25,
2019 Office Action TSDR 63-87. The World Atlas listing more specifically indicates
that the abbreviation is a “2-letter code” which is “supplied by the ISO (International
Organization for Standardization),” and is based on “the list of names published by
the United Nations.” Id. at 70. Another website, “laendercode.net,” identifies “SG” as
Singapore’s “Country Code according to ISO standards” as well as its “Country-
specific domain (Top Level Domain).” Id. at 90-91. More generally, the
“abbreviations.com” website indicates that “SG” is simply an abbreviation for
Singapore, while the Acronym Finder website lists 33 “five star” meanings for SG,
the first of which is “Singapore,” with others on the list including “shooting guard,”
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“Secretary-General,” “Senegal,”4 “Société Générale (French Corporate, Investment
and Retail Bank),” “Spice Girls (band)” and “Seth Green (actor).” March 25, 2019
Office Action TSDR 54-62, 88. In addition, a large number of news articles and other
publications from a variety of sources use “SG” as an abbreviation for Singapore, often
to indicate where a person or company resides, or to identify a Singapore website.
January 14, 2020 Denial of Request for Reconsideration TSDR 6-134.
To support her claim that BEAUTY is merely descriptive of Applicant’s identified
goods in each class, the Examining Attorney relies on evidence that third parties use
the term to describe their cosmetic, hair, nail and skin products such as those
identified in the involved ’789 Application, and their dietary and nutritional
supplements, such as those identified in the ’234 Application.
For example, an Into the Gloss article titled “The Definitive Guide to Beauty
Supplements” discusses “taking nutrient-dense pills” to obtain “beauty benefits.” It
explains that these types of “beauty supplements are having a moment right now,”
and states that “the ITG Beauty Closet is stocked with offerings from Murad, Ritual,
Olly, Raw Complexions, Catalyst Gold, Dr. Perricone … chic lines of vitamins, oil
gelcaps, and other assorted ingestibles … beauty nutrition is in, it seems.” Based on
an interview with a pharmacist, the article states “if you’re lacking in nutrients, it
can show up in your hair, skin and nails.” March 25, 2019 Office Action TSDR 24-25.

4 Acronym Finder appears to be an outlier in this regard, as the Sustainable Sources and
World Atlas websites indicate that Senegal’s abbreviation is “SN,” not “SG.” March 25, 2019
Office Action TSDR 68, 79.
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An Allure article titled “Pretty Pills: How Beauty Supplements Changed the Way
We View Wellness” includes the subheading “here’s why everyone wants next-gen
supplements right now.” Id. at 38. A Byrdie article titled “12 Beauty Supplements
Editors Can’t Stop Raving About” echoes the Into the Gloss article, as it concludes
that beauty supplements are having a “moment,” stating “now there are legions of
beautifying supplements and vitamins, not to mention countless existing health
products that have rebranded to tout their benefits for skin, hair … it seems like an
innovative new formula passes across our desk on a near-daily basis,” resulting in
the publication’s “ever-growing ingestible beauty collection.” June 4, 2020 Office
Action TSDR 42. Everyday Health’s article “Do Skin and Hair Supplements Like
Collagen and Resveratrol Really Work?” includes the lede: “Beauty supplements are
the magic pill of the moment.” Id. at 45. Dermstore’s “Beauty Supplements and
Wellness” page offers “a variety of beauty and wellness supplements that target
concerns like wrinkles, cellulite, acne and free radical damage.” Id. at 44. The
Myvitamins website’s “Beauty Supplements” page offers a “range of beauty
supplements” which “are designed to maintain healthy hair, skin and nails.” Id. at
47. The “naturesbounty.com,” “vitamedica.com,” “hushandhush.com” and
“sephora.com” websites also use the terms “beauty supplements” or “beauty vitamin
supplements” to describe dietary or nutritional supplements intended to beautify skin
or hair. Id. at 48-51. Bluemercury’s “Beauty Supplements” webpage includes the
subheading “Treat from the inside, out!” and indicates that “beauty supplements” are
Serial Nos. 88255234 and 88258789
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“made from vitamins, minerals, and other bioactive ingredients,” and come in capsule
and tablet form, as shown below:

March 25, 2019 Office Action TSDR 7 (emphasis added).
As for the cosmetic, skin, hair and nail products identified in the ’789 Application,
the Examining Attorney relies on a dictionary definition of “cosmetic” as “a
preparation, such as powder or skin cream, designed to beautify the body by direct
application.” March 25, 2019 Office Action (’789 Application) TSDR 7 (emphasis
added).5 It is therefore not surprising that third parties often use the term BEAUTY
or forms thereof in connection with the types of cosmetic and other products identified
in the ’789 Application. For example, the “intertek.com,” “humblebs.com,” “npd.com,”

5 https://ahdictionary.com/word/search.html?q=cosmetics.
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“lorealparisusa.com” and “makeupmania.com” websites use the term BEAUTY in
connection with cosmetics, or hair, nail or skincare-related products or services.
September 4, 2019 Office Action (’789 Application) TSDR 6-25. The Smithsonian’s
National Museum of American History’s Medicine and Science collections include
cosmetics and personal care products intended to “beautify the body,” which “provide
an important record of American … beauty norms.” Id. at 26.
Finally, the Examining Attorney relies on evidence that a number of Singaporean
companies offer cosmetics and other beauty products, with some of them using names,
marks or descriptors that include BEAUTY or SG, or both. For example, Balm
Kitchen’s Instagram page promotes its “nourishing skin food since 2014,” with the
taglines “Conscious beauty infused with Asian botanicals” and “Proudly SG made.”
June 4, 2020 Office Action TSDR 6. The company’s website states that it is “proudly
a Singaporean owned and Made in Singapore brand.” Id. at 7. Another Singaporean
skincare company, ESSE PROBIOTIC SKINCARE SG, promotes itself on Facebook
and via a website which offers its skincare products. Id. at 8-9. Sephora Singapore’s
Instagram page indicates that the company can be “tagged” or contacted via
“@SephoraSG.” Id. at 10. Kiehl’s SG’s Facebook page promoted an open house
intended to help consumers “achieve healthy radiant skin.” Id. at 12. These are not
the only “beauty brands” in Singapore. Id. at 27-29.
Various articles indicate that many “beauty” products are made in Singapore,
which is sometimes referred to as “SG.” For example, a Women’s Weekly article under
the “Beauty” heading entitled “Made in SG” includes the subheading “Formulated in
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Singapore, these local brands keep your skin in tip-top shape.” Id. at 14. The
Curatedition article “World-Class Made-In-Singapore Beauty” states that “made-in-
SG beauty brands that purvey makeup, skincare, body care and haircare, are back
and thriving.” Id. at 15, 24-25 (emphasis added). Similarly, the Honeycombers
website states “The beauty scene in Singapore is seriously thriving – in the past few
years, the industry has exploded with the arrival of more local makeup and skincare
brands ….” Id. at 16. The Straits Times article “Local Beauty Businesses Making It
Big” states “At least 15 home-grown beauty and skincare brands have popped up in
Singapore in the last four years” and “Singapore’s beauty scene continues to be
very lucrative.” Id. at 30-33 (emphasis added).
Applicant counters that BEAUTY merely suggests “a possible purpose or desired
outcome from using Applicant’s supplements and requires some imagination, thought
or perception to conclude this.” 4 TTABVUE 8. She also points out that SG is an
abbreviation for multiple terms besides Singapore, including those cited above, as
well as, inter alia, the chemical element “Seaborgium,” “Specific Gravity,” “Solicitor
General” and “surgeon.” Id. at 10. Applicant claims that she uses SG in her mark not
to refer to Singapore, but instead “as an acronym for ‘serums and gels’ which are the
[cosmetic, hair, nail and skincare] goods Applicant also provides under BEAUTY SG.”
Id. Moreover, according to Applicant, the Examining Attorney’s evidence “is not
sufficient to establish that [SG] is recognized by relevant consumers to be
substantially synonymous with the descriptive wording it represents.” Id. at 11.
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Applicant further contends that even if SG is understood as an abbreviation for
Singapore, as a “tiny country with a total population of just 5.7 million people,” and
with there being “only an estimated 32,748 people from Singapore (foreign-born) in
the United States,” Singapore is not generally known to relevant American
consumers. Id. at 13. Even if it was, “this does not mean that the dietary and
nutritional supplement industry is so associated with Singapore that BEAUTY SG
would alert the average American consumer of any ties between Singapore and
supplements,” especially because Applicant’s goods are “manufactured in Taiwan.”
Id. at 14-15. Finally, Applicant argues that her mark was registered in Singapore,
which “employs standards similar to the USPTO when it comes to evaluating
geographic descriptiveness.” Id.
In support of her arguments, Applicant cites to dictionary definitions indicating
that SG means “Song of Solomon,” “seaborgium” and “specific gravity.” December 23,
2019 Office Action response TSDR 11-14.6 She also relies on another dictionary
definition which lists 138 possible meanings of the acronym SG, the first of which is
“Singapore.” Id. at 15.7 Similarly, like the Examining Attorney, Applicant relies on
the “abbreviations.com” website, which includes 174 definitions for SG, the first of
which is “Singapore.” Id. at 17.8 And, like the Examining Attorney, Applicant cites

6 https://www.collinsdictionary.com/us/dictionary/english/sg. We have not considered this
dictionary’s definitions in “British English,” because we are concerned with American
English, nor have we considered the Medscape definition which appears to relate to
“laboratory medicine,” because we are concerned with general consumer products. December
23, 2019 Office Action response TSDR 16.
7 https://acronyms.thefreedictionary.com/SG.
8 https://www.abbreviations.com/SG.
Serial Nos. 88255234 and 88258789
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the ISO country code for Singapore, which is SG. Id. at 18. Finally, Applicant relies
on evidence that SG and forms thereof (such as “S-G”) is used in entity and product
names and as an abbreviation for various terms. September 22, 2020 Request for
Reconsideration TSDR 16-252.
III. Analysis
The record leaves no doubt that BEAUTY SG is geographically descriptive because
the Examining Attorney has established a prima facie case, which Applicant has not
rebutted, that: (1) the primary significance of the term is the name of a place known
generally to the public; (2) the public would make a goods/place association, i.e.
believe that the goods for which Applicant seeks registration originate in that place;
and (3) the source of the goods is the geographic region named in the proposed mark.
In re Newbridge Cutlery Co., 776 F.3d 854, 113 USPQ2d 1445, 1448-49 (Fed. Cir.
2015) (quoting In re Societe Generale Des Eaux Minerales De Vittel S.A., 824 F.2d 957,
3 USPQ2d 1450, 1452 (Fed. Cir. 1987) and In re Jacques Bernier, Inc., 894 F.2d 389,
13 USPQ 1725 (Fed. Cir. 1990)); TRADEMARK MANUAL OF EXAMINING PROCEDURE
(TMEP) § 1210.01(a) (Oct. 2018).
A. The Primary Significance of SG is Singapore
The evidence of record reveals that the primary significance of SG in Applicant’s
proposed mark is Singapore. Indeed, SG is identified in several reference works and
websites as an abbreviation for Singapore. This abbreviation is sanctioned by the ISO
and United Nations, and also used as Singapore’s country-specific top level domain.
March 25, 2019 Office Action TSDR 54-88, 90-91. As such, the acronym appears in
several Singaporean beauty-related websites and domain names, as well as media
Serial Nos. 88255234 and 88258789
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articles and Singaporean beauty-focused social media accounts. June 4, 2020 Office
Action TSDR 6-8, 10-12, 14-17, 19-22; January 14, 2020 Denial of Request for
Reconsideration TSDR 6-134. Thus, SG is a “recognized abbreviation” for Singapore.
See In re Thomas Nelson, Inc., 97 USPQ2d 1712, 1715 (TTAB 2011).
While Applicant correctly points out that SG has other meanings, including
“shooting guard,” “Spice Girls” and “seaborgium,” there is no indication in the record
that any of these or the other possible meanings of SG relate to the cosmetic and
supplement goods identified in the involved applications. Thus, we find that relevant
consumers will perceive the SG element of Applicant’s mark as referring to
Singapore, Applicant’s domicile and the term’s first meaning according to reference
works. See generally In re Hollywood Lawyers Online, 110 USPQ2d 1852, 1858 (TTAB
2014) (finding HOLLYWOOD LAWYERS ONLINE primarily geographically
descriptive of attorney referrals, pointing out that “without additional elements in
the mark to detract from the geographic significance, there is no allusion to the
alternative meaning referencing the ‘glamour’ of the film industry”); In re Opryland
USA Inc., 1 USPQ2d 1409, 1412-13 (TTAB 1986) (NASHVILLE NETWORK
primarily geographically descriptive of television program production and
distribution, because the programming has “a substantial enough relation to
Nashville, Tennessee,” even though the term “has other imagery than the city of
Nashville,” stating “[b]ecause a term may have other meanings does not necessarily
alter the primacy of its geographical significance”); In re Cookie Kitchen, Inc., 228
USPQ 873, 874 (TTAB 1986) (MANHATTAN & Design primarily geographically
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deceptively misdescriptive of cookies, even though term has other meanings, such as
a Manhattan cocktail); In re Jack’s Hi-Grade Foods, Inc., 226 USPQ 1028, 1029
(TTAB 1985) (NEAPOLITAN primarily geographically deceptively misdescriptive of
sausage even though term has other meanings, such as a type of multi-flavored ice
cream).
Indeed, Applicant’s use of the term, such as on its Facebook page reproduced
below, makes clear that the SG in Applicant’s proposed mark refers to Singapore:

Serial Nos. 88255234 and 88258789
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June 4, 2020 Office Action TSDR 21-22 (emphasis added). See In re N.C. Lottery, 866
F.3d 1363, 123 USPQ2d 1707, 1709-10 (Fed. Cir. 2017) (relying on how a mark is used
“in its commercial context” and in “advertising material directed to the goods,” citing
cases); In re Hunter Fan Co., 78 USPQ2d 1474, 1476 (TTAB 2006) (“applicant’s own
use of the term ERGONOMIC … highlights the descriptive nature of this term ….”).
Furthermore, the media articles discussed above reveal that Singapore is
increasingly associated with beauty products, with several indicating that “SG beauty
brands” or Singapore beauty products such as those identified in the involved
applications are “thriving,” have “exploded,” or are “making it big.” June 4, 2020
Office Action TSDR 15, 16, 24-25, 30-33.
Applicant’s argument that SG is not sufficiently “recognized by relevant
consumers to be substantially synonymous with” Singapore is not well-taken. The
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record reveals that the abbreviation is widely used by many Singapore websites,9 the
domain name system generally, the United Nations and ISO, news organizations,
and, significantly, Applicant’s competitors in, and media reporting on, the Singapore
beauty industry. March 25, 2019 Office Action TSDR 63-88, 90-91; January 14, 2020
Denial of Request for Reconsideration TSDR 6-134; June 4, 2020 Office Action TSDR
6, 8-10, 12, 14-16, 24-25.
We also reject Applicant’s argument that Singapore is not generally known to
American consumers. According to the Columbia Gazetteer of the World, “Singapore
is one of the world’s greatest commercial centers and has one of the world’s largest
and busiest ports.” March 25, 2019 Office Action TSDR 52. It is also “a major center
of international finance,” and the United States is one of its “chief trading partners.”
Id. Moreover, Singapore’s “[c]lose strategic ties to the U.S. are reflected in an
agreement that provides access to Singapore’s naval base by American warships; this
is especially important now that the U.S. no longer has its naval base in the
Philippines.” Id. at 50. Finally, Applicant puts Singapore’s population at almost 6
million, and claims that there are tens of thousands of Singapore-born people in the
United States. 4 TTABVUE 13. We infer from this combination of evidence that a

9 Applicant is correct that there is no evidence regarding how many United States consumers
have encountered these Singapore websites. 11 TTABVUE (’789 Application) 4-6.
Nevertheless, it is clear from other cited evidence of record that United States consumers
have been exposed to the SG abbreviation in other contexts, and the cited Singaporean
websites show that goods and services offered or shipped from Singapore, such as Applicant’s
goods, are at least sometimes associated with the abbreviation SG, referring to Singapore.
Serial Nos. 88255234 and 88258789
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substantial number of relevant United States consumers are familiar with Singapore,
as they likely would be with any of the “world’s greatest commercial centers.”
We have not ignored the term BEAUTY in the proposed mark, but adding a
descriptive term to a geographic one does not alter the geographic term’s geographic
significance. See e.g. In re Cheezwhse.com, Inc., 85 USPQ2d 1917, 1920 (TTAB 2008)
(NORMANDIE CAMEMBERT primarily geographically descriptive of Camembert
cheese because “[i]t is settled that the primarily geographic significance of a term
(like NORMANDIE) is not overcome by the addition of a generic term (like
CAMEMBERT)”); In re JT Tobacconists, 59 USPQ2d 1080, 1083 (TTAB 2001) (“The
additional presence in applicant’s mark of the generic terminology ‘CIGAR
COMPANY’ for an entity in the business of selling cigars and related cigar products
such as cigar cases and humidors does not detract from or otherwise alter the fact
that the primary significance of the mark [MINNESOTA CIGAR COMPANY] as a
whole is geographical.”); In re California Pizza Kitchen Inc., 10 USPQ2d 1704, 1705
(TTAB 1988) (same).
Here, there is no question that BEAUTY is descriptive for Applicant’s goods in
both classes. Applicant effectively conceded the point in the ’789 Application by
disclaiming the term in connection with cosmetics and hair, nail and skincare
products. In re Carlson, 91 USPQ2d 1198, 1200 (TTAB 2009); Bass Pro Trademarks
LLC v. Sportsman’s Warehouse, Inc., 89 USPQ2d 1844, 1851 (TTAB 2008). See also
Alcatraz Media Inc. v. Chesapeake Marine Tours Inc., 107 USPQ2d 1750, 1762 (TTAB
2013), aff’d mem., 565 Fed. Appx. 900 (Fed. Cir. 2014). Of course, the dictionary
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definition of “cosmetic” also makes this clear. March 25, 2019 Office Action (’789
Application) TSDR 7. See also September 4, 2019 Office Action (’789 Application)
TSDR 6-26.
As for the dietary and nutritional supplements identified in the ’234 Application,
the record leaves no doubt that BEAUTY is also descriptive of them. In fact, the
articles of record reveal that “beauty supplement” is essentially a term of art in the
industry to refer to dietary and nutritional supplements intended to improve skin,
hair or nails or otherwise enhance one’s beauty. March 25, 2019 Office Action TSDR
7, 24-25, 38; June 4, 2020 Office Action TSDR 42, 44, 45, 47-51. This term of art, and
more generally, use of the term BEAUTY in connection with supplements is
apparently becoming increasingly common, as these cited articles indicate that:
“beauty supplements” are “having a moment right now”; “beauty nutrition is in”;
“everyone wants next-gen [beauty] supplements right now”; “now there are legions
of beautifying supplements and vitamins, not to mention countless existing health
products that have rebranded to tout their benefits for skin, hair”; and “beauty
supplements are the magic pill of the moment.” March 25, 2019 Office Action TSDR
24-25, 38; June 4, 2020 Office Action TSDR 42, 45. In other words, increasingly, and
in this “moment,” the term BEAUTY is being used by third-parties to directly describe
dietary and nutritional supplements, to the point that multiple beauty publications
now use the term “beauty supplement.” In any event, Applicant’s competitors also
use BEAUTY to describe “beauty supplements” and should, like Applicant, have the
opportunity to continue to do so. See In re Boston Beer Co. L.P., 47 USPQ2d 1914,
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1920-21 (TTAB 1998), aff’d, 198 F.3d 1370, 53 USPQ2d 1056 (Fed. Cir. 1999); In re
Abcor Dev., 588 F.2d 811, 200 USPQ 215, 217 (CCPA 1978) (“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.”).
B. The Public Would Believe that Applicant’s Goods Originate in
Singapore
We presume that the public would believe that Applicant’s goods originate in
Singapore, because according to the involved application and Applicant’s Facebook
page, Applicant is from Singapore. In re MCO Props. Inc., 38 USPQ2d 1154, 1155
(TTAB 1995) (“When it has been demonstrated that the primary significance of the
term is geographic, and the services of the applicant are in fact rendered from the
place the term names, a public association of the services with the place will be
presumed.”); In re Handler Fenton Westerns, Inc., 214 USPQ 848, 850 (TTAB 1982).
Of course, the record bolsters this presumption, as it reveals not only that Singapore’s
beauty industry is “thriving” and “lucrative,” but that “SG beauty brands” also use
the terms SG and BEAUTY for their hair, nail and skincare goods. This element of
the test is therefore also satisfied.
C. The Source of Applicant’s Goods is Singapore
Finally, Singapore is the source of Applicant’s goods, as revealed by the involved
application and Applicant’s website. Moreover, in response to the Examining
Attorney’s information request, Applicant revealed that although her goods are
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manufactured in Taiwan, “The goods are packaged and shipped from Singapore.
Applicant operates a medical clinic in Singapore and the goods will be sold in
connection with that clinic.” August 8, 2019 Office Action response TSDR 1. Because
Applicant is from Singapore, her business is based there and her goods are packaged
and shipped from there, Singapore is the source of her goods, notwithstanding that
the goods are manufactured in Taiwan. See Corporacion Habanos, S.A. v. Anncas, 88
USPQ2d 1785, 1791 (TTAB 2008) (“a product may be found to originate from a place,
even though the product is manufactured elsewhere”); In re Nantucket Allserve Inc.
28 USPQ2d 1144, 1145 (TTAB 1993).10
IV. Conclusion
The record leaves no doubt that: Singapore, often referred to by the recognized
abbreviation SG, is known generally to Americans; and Applicant’s beauty-focused
supplements, and cosmetics and hair, nail and skincare products originate there.
Other providers of beauty products that compete with Applicant have a “legitimate
interest … in truthfully being able to use [the geographic abbreviation SG] to inform
the public of the origin of their similar products.” In re Cambridge Digital Sys., 1
USPQ2d 1659, 1662 (TTAB 1986). See also In re MCO Properties, 38 USPQ2d at 1156
(“The purpose of the proscription in Section 2(e)(2) of the Act against registration of
primarily geographically descriptive terms is to leave place names free for all

10 Applicant’s registration of the proposed mark in Singapore is irrelevant. See Double J of
Broward Inc. v. Skalony Sportswear GmbH, 21 USPQ2d 1609, 1612 (TTAB 1991); Bureau
Nat’l Interprofessionnel Du Cognac v. Int’l Better Drinks Corp., 6 USPQ2d 1610, 1618 (TTAB
1988) (“an applicant’s ownership of a foreign registration of its mark is immaterial to
applicant’s right to register the mark in the United States”).
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businesses operating in particular areas to inform customers where the goods or
services originate.”).

Decision: The refusal to register Applicant’s proposed mark under Section 2(e)(2) of
the Trademark Act is affirmed.