Snap-Tite, Inc.

Trademark Trial and Appeal Board

Sep 25, 2001

No. 75420592 (T.T.A.B. Sep. 25, 2001)

9/25/01

Paper No. 13
JQ

UNITED STATES PATENT AND TRADEMARK OFFICE
________

Trademark Trial and Appeal Board
________

In re Snap-Tite, Inc.
________

Serial No. 75/420,592
_______

Kenneth L. Mitchell of Woodling, Krost and Rust for
applicant.

Vivian Micznik First, Trademark Examining Attorney, Law
Office 104 (Sidney Moskowitz, Managing Attorney).
_______

Before Cissel, Quinn and Holtzman, Administrative Trademark
Judges.

Opinion by Quinn, Administrative Trademark Judge:

An application has been filed by Snap-Tite, Inc. to
register the mark EZE-SEAL for “scientific laboratory
equipment, namely, autoclaves and pressure vessels for
equipment testing.”1
The Trademark Examining Attorney has refused
registration under Section 2(e)(1) of the Act on the ground

1 Application Serial No. 75/420,592, filed January 20, 1998,
alleging 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. 75/420,592
2
that applicant’s mark, if applied to applicant’s goods,
would be merely descriptive thereof.
When the refusal was made final, applicant appealed.
Applicant and the Examining Attorney have filed briefs. An
oral hearing was not requested.
The Examining Attorney maintains that applicant’s
goods, as shown by applicant’s product literature, have a
seal that is designed to permit easy closing of the
autoclaves and pressure vessels. The Examining Attorney
states that the proposed mark consists of a novel spelling
of the word “easy” and the word “seal,” and immediately
describes a significant feature of the goods, namely, that
they are easy to seal. The Examining Attorney submitted
dictionary definitions of the words “easy” and “seal.”2
Applicant argues that the proposed mark is just
suggestive, and that purchasers would not focus on the low
torque closure feature of the goods. During prosecution,
applicant submitted product literature.
A mark is merely descriptive if, as used in connection
with the goods and/or services, it describes, i.e.,
immediately conveys information about, an ingredient,

2 Although the definitions were not submitted until the filing of
the Examining Attorney’s brief, they are proper subject matter
for judicial notice.
Ser No. 75/420,592
3
quality, characteristic, feature, etc. thereof, or if it
directly conveys information regarding the nature,
function, purpose, or use of the goods and/or services.
See: In re Abcor Development Corp., 588 F.2d 811, 200 USPQ
215 (CCPA 1978); In re Eden Foods Inc., 24 USPQ2d 1757
(TTAB 1992); and In re American Screen Process Equipment
Co., 175 USPQ 561 (TTAB 1972). It is not necessary that a
term describe all of the properties or functions of the
goods and/or services for it to be considered to be merely
descriptive thereof; rather, it is sufficient if the term
describes a significant attribute or feature about them.
The issue is not determined in a vacuum, but rather the
mere descriptiveness of the mark is analyzed as the mark is
used in connection with the goods and/or services. In re
Bright-Crest, Ltd., 204 USPQ 591, 593 (TTAB 1979).
The dictionary listings show the term “easy” defined
as “capable of being accomplished or acquired with ease;
posing no difficulty” and “seal” as “a device that joins
two systems or elements in such a way as to prevent
leakage; to close with or as if with a seal.” The American
Heritage Dictionary of the English Language (3rd ed. 1992).
The record also includes product literature which
indicates that a feature of the goods is “low torque
closure,” and that the product is an “easily sealed vessel
Ser No. 75/420,592
4
with low torque.” In connection with the “low torque
closing” feature, the literature further states that “[a]
metal-to-metal seal is designed to permit easy closing of
the vessel assembly due to substantially reduced torque
requirements.”
There is no dispute that the “EZE” portion of the mark
is the phonetic equivalent of the term “easy.” As shown by
applicant’s product literature, the sealing feature of a
pressure vessel is an important feature of such goods. The
proposed mark EZE-SEAL immediately describes, without
conjecture or speculation, a significant feature of the
goods, namely that the pressure vessels are easily sealed.
Thus, no imagination would be necessary for purchasers to
perceive precisely the merely descriptive significance of
the term EZE-SEAL as it relates to an important feature of
applicant’s autoclaves and pressure vessels.
Decision: The refusal to register is affirmed.
Ser No. 75/420,592
5