Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011) |
OMB No. 0651-0050 (Exp 09/20/2020) |
Input Field |
Entered |
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SERIAL NUMBER | 88467914 |
LAW OFFICE ASSIGNED | LAW OFFICE 106 |
MARK SECTION | |
MARK FILE NAME | http://uspto.report/TM/88467914/mark.png |
LITERAL ELEMENT | IMOVE |
STANDARD CHARACTERS | NO |
USPTO-GENERATED IMAGE | NO |
COLOR(S) CLAIMED (If applicable) |
The color(s) white, navy blue, turquois, and blue is/are claimed as a feature of the mark. |
DESCRIPTION OF THE MARK (and Color Location, if applicable) |
The mark consists of in part, the representation of the front half of a vehicle outlined in blue with turquois and blue lines as the back half of the vehicle depicting forward movement all of which is partially inserted into a residential structure which is partially outlined in navy blue. |
ARGUMENT(S) | |
The Examining Attorney has raised several objections and made requirements regarding the goods/services and specimens evidencing use of the mark. In response thereto, Applicant has amended the identification of goods and the recitation of services, including specific deletions, and also including amended dates of use. First with regard, to the cited registration of Registration No. 4,980,153, Applicant is concurrently filing a Petition to Cancel. With regard to the pending marks cited in the Official Action, Applicant chooses not to respond with arguments against those citations at this time, and asks that this application be suspended pending the disposition of those applications, and of the Cancelation action against the cited mark. The Examining Attorney has also alleged that iMove is descriptive as it relates to the goods and services of the present application. For the following reasons, Applicant respectfully disagrees, and requests that the Examiner attorney reconsider refusal on this basis. First, please note that Applicant has used the mark IMOVE for over 15 years, first as part of its IMOVE.COM mark, Registration No. 3,585,186 registered March 10, 2009 on the Principal Register, which registration is valid and incontestable. This registration being based on use since 2003 and use in commerce since at least as early as November 1, 2004, for related Class 39 services. The Office allowed Applicant’s prior registration, and the cited pending applications without a descriptiveness rejection. A mark is merely descriptive only if it immediately describes an ingredient, quality, ration of Applicant’s mark. A mark is merely descriptive only if it immediately describes an ingredient, quality, characteristic, function, feature, purpose or use of the identified goods or services. See In re Gyulay, 820 F.2d 1216, 3 USPQ2d 1009 (Fed. Cir. 1987). Such information must describe the goods or services with a “degree of particularity.” Plus Products v. Medical Modalities Associates, Inc., 211 USPQ 1199, 1204-1205 (TTAB 1981). By contrast, a suggestive mark is one that, when applied to the goods or services at issue, requires imagination, thought, or perception as to the nature of the goods or services. Whether a term is merely descriptive is determined not in the abstract, but in relation to the goods and/or services for which registration is sought, the context in which it is used, an the meaning it would have to the average purchaser of the goods and/or services. In re Bright-Crest, Ltd., 204 USPQ 591, 593 (TTAB 1979). The terms “descriptive” and “suggestive” are not mutually exclusive: without some aspect of descriptiveness, suggestive terms would not suggest. In re Reynolds Metals Company, 480 F.2d 902, 178 USPQ 296 (CCPA 1973). Applicant seeks to register the mark IMOVE a wide variety of goods and services. The term IMOVE may suggest these goods and services, but it does not describe them. Applicant’s mark is not merely descriptive of its goods and services, because the mark is has an ambiguous meaning that requires consumers to use thought and perception to understand the mark’s relationship to the goods – it is not an automatic connection, but it is at minimum, a two step process. Applicant’s mark is a single, coined term, and has a suggestive connotation and is not merely descriptive. Applicant’s mark requires consumer’s to use additional thought to perceive the connection between Applicant’s goods and services and the mark. Where consumers must engage in a multi-stage reasoning process to comprehend a mark and its relationship to the goods, rather than face an instantaneous understanding from the mark of an attribute of the products, the mark is suggestive. See TMEP 1209.01(a) (“Suggestive marks are those that, when applied to the goods or services at issue, require imagination, thought, or perception to reach a conclusion as to the nature of those goods or services.”). Applicant’s IMOVE mark does not immediately describe Applicant’s services with any “degree of particularity.” Plus Products, 211 USPQ at 1204-1205. Applicant’s mark is built from two components, and although the meaning “I” could be considered to have an obvious meaning, coupled with the word “MOVE”, it has multiple meanings – it could mean IMOVE, such as a person moves around, or dances; it could mean someone personally moves another person emotionally, or it could use “I”, intending a double meaning with the word “EYE”, referring to “eye movement’. This requires consumers to use additional thought, perception, or imagination to comprehend the mark’s relationship to Applicant’s goods and services, thus giving the mark a suggestive significance. |
|
GOODS AND/OR SERVICES SECTION (009) (current) | |
INTERNATIONAL CLASS | 009 |
DESCRIPTION | |
COMPUTER SOFTWARE FOR THE COLLECTION, EDITING, ORGANIZING, MODIFYING, BOOK MARKING, TRACKING, TRANSMISSION, STORAGE AND SHARING OF DATA AND INFORMATION FOR USE IN REAL TIME PRICING, SALES, TRAINING, AND LEAD TRACKING IN CONNECTION WITH RELOCATION AND MOVING SERVICES | |
FILING BASIS | Section 1(a) |
FIRST USE ANYWHERE DATE | At least as early as 09/01/2003 |
FIRST USE IN COMMERCE DATE | At least as early as 11/01/2004 |
GOODS AND/OR SERVICES SECTION (009) (proposed) | |
INTERNATIONAL CLASS | 009 |
TRACKED TEXT DESCRIPTION | |
FINAL DESCRIPTION | |
DOWNLOADABLE COMPUTER SOFTWARE APPLICATIONS FOR THE COLLECTION, EDITING, ORGANIZING, MODIFYING, BOOK MARKING, TRACKING, TRANSMISSION, STORAGE AND SHARING OF DATA AND INFORMATION FOR USE IN REAL TIME PRICING, SALES, TRAINING, AND LEAD TRACKING IN CONNECTION WITH RELOCATION AND MOVING SERVICES | |
FILING BASIS | Section 1(a) |
FIRST USE ANYWHERE DATE | At least as early as 09/05/2018 |
FIRST USE IN COMMERCE DATE | At least as early as 09/05/2018 |
STATEMENT TYPE | "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. |
SPECIMEN FILE NAME(S) | |
ORIGINAL PDF FILE | SPU0-387414652-20200305145115621707_._9_imove_specimen.pdf |
CONVERTED PDF FILE(S) (3 pages) |
\\TICRS\EXPORT18\IMAGEOUT18\884\679\88467914\xml1\ROA0002.JPG |
\\TICRS\EXPORT18\IMAGEOUT18\884\679\88467914\xml1\ROA0003.JPG | |
\\TICRS\EXPORT18\IMAGEOUT18\884\679\88467914\xml1\ROA0004.JPG | |
SPECIMEN DESCRIPTION | phone application screenshots |
GOODS AND/OR SERVICES SECTION (035) (current) | |
INTERNATIONAL CLASS | 035 |
DESCRIPTION | |
BUSINESS AND PERSONNEL RELOCATION SERVICES FOR OTHERS; TRANSPORTATION MANAGEMENT SERVICES FOR OTHERS IN THE FIELD OF TRANSPORTATION AND INVENTORY LOGISTIC SERVICES, NAMELY, COORDINATING THE HANDLING, PRICING, TRANSPORT, WAREHOUSING, STORAGE AND TRACKING OF GOODS; TRANSPORTATION AND INVENTORY LOGISTIC SERVICES FOR OTHERS, NAMELY, CONSULTATION SERVICES ABOUT THE TRACKING OF PACKAGE SHIPMENTS | |
FILING BASIS | Section 1(a) |
FIRST USE ANYWHERE DATE | At least as early as 09/01/2003 |
FIRST USE IN COMMERCE DATE | At least as early as 11/01/2004 |
GOODS AND/OR SERVICES SECTION (035) (proposed) | |
INTERNATIONAL CLASS | 035 |
TRACKED TEXT DESCRIPTION | |
BUSINESS AND PERSONNEL RELOCATION SERVICES FOR OTHERS; |
|
FINAL DESCRIPTION | |
BUSINESS AND PERSONNEL RELOCATION SERVICES FOR OTHERS; TRANSPORTATION MANAGEMENT SERVICES FOR OTHERS IN THE FIELD OF TRANSPORTATION AND INVENTORY LOGISTIC SERVICES, NAMELY, BUSINESS MANAGEMENT FEATURE COORDINATION OF THE HANDLING, PRICING, TRANSPORT, WAREHOUSING, STORAGE AND TRACKING OF GOODS; TRANSPORTATION AND INVENTORY LOGISTIC SERVICES FOR OTHERS, NAMELY, BUSINESS MANAGEMENT CONSULTATION SERVICES ABOUT THE TRACKING OF PACKAGE SHIPMENTS | |
FILING BASIS | Section 1(a) |
FIRST USE ANYWHERE DATE | At least as early as 09/01/2003 |
FIRST USE IN COMMERCE DATE | At least as early as 11/01/2004 |
GOODS AND/OR SERVICES SECTION (036) (current) | |
INTERNATIONAL CLASS | 036 |
DESCRIPTION | |
INSURANCE SERVICES, NAMELY, PROVIDING INSURANCE INFORMATION; REAL ESTATE BROKERAGE AND APPRAISAL SERVICES FOR OTHERS; COMMERCIAL LENDING AND MORTGAGE BROKERAGE SERVICES; ARRANGING OF LEASES AND RENTAL AGREEMENTS FOR REAL ESTATE; FINANCIAL SERVICES, NAMELY, MORTGAGE PLANNING; MORTGAGE PROCUREMENT FOR OTHERS; HOUSING SERVICES, NAMELY, REAL PROPERTY ACQUISITION AND CONSUMER FINANCING TO FACILITATE HOME OWNERSHIP; REAL ESTATE VALUATION SERVICES; REAL ESTATE PROPERTY MANAGEMENT SERVICES | |
FILING BASIS | Section 1(a) |
FIRST USE ANYWHERE DATE | At least as early as 09/01/2003 |
FIRST USE IN COMMERCE DATE | At least as early as 11/01/2004 |
GOODS AND/OR SERVICES SECTION (036) (proposed) | |
INTERNATIONAL CLASS | 036 |
DESCRIPTION | |
INSURANCE SERVICES, NAMELY, PROVIDING INSURANCE INFORMATION; REAL ESTATE BROKERAGE AND APPRAISAL SERVICES FOR OTHERS; COMMERCIAL LENDING AND MORTGAGE BROKERAGE SERVICES; ARRANGING OF LEASES AND RENTAL AGREEMENTS FOR REAL ESTATE; FINANCIAL SERVICES, NAMELY, MORTGAGE PLANNING; MORTGAGE PROCUREMENT FOR OTHERS; HOUSING SERVICES, NAMELY, REAL PROPERTY ACQUISITION AND CONSUMER FINANCING TO FACILITATE HOME OWNERSHIP; REAL ESTATE VALUATION SERVICES; REAL ESTATE PROPERTY MANAGEMENT SERVICES | |
FILING BASIS | Section 1(a) |
FIRST USE ANYWHERE DATE | At least as early as 09/01/2003 |
FIRST USE IN COMMERCE DATE | At least as early as 11/01/2004 |
STATEMENT TYPE | "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. |
GOODS AND/OR SERVICES SECTION (039) (current) | |
INTERNATIONAL CLASS | 039 |
DESCRIPTION | |
TRANSPORTATION AND MOVING SERVICES FOR OTHERS, NAMELY, THE TRANSPORTATION OF HOUSEHOLD AND COMMERCIAL GOODS AND SPECIALIZED TRANSPORT OF FRAGILE GOODS BY TRUCK, VAN, RAIL, AIR, AND OCEAN CARRIER; PACKING AND PACKAGING OF GOODS FOR TRANSPORTATION FOR OTHERS; TRANSPORTATION OF EXHIBITS AND DISPLAYS BY TRUCK, VAN, RAIL, AIR, AND OCEAN CARRIER FOR OTHERS; DELIVERY OF COMMERCIAL FREIGHT BY TRUCK, VAN, RAIL, AIR AND OCEAN CARRIER FOR OTHERS; TRANSPORTATION AND INVENTORY LOGISTIC CONSULTATION SERVICES FOR OTHERS ABOUT THE PACKING,TRANSPORT, WAREHOUSING AND STORAGE OF GOODS; WAREHOUSING AND STORAGE OF GOODS; STORAGE OF EXHIBITS AND DISPLAYS FOR OTHERS; FREIGHT FORWARDING AND FREIGHT BROKERAGE SERVICES FOR OTHERS | |
FILING BASIS | Section 1(a) |
FIRST USE ANYWHERE DATE | At least as early as 09/01/2003 |
FIRST USE IN COMMERCE DATE | At least as early as 11/01/2004 |
GOODS AND/OR SERVICES SECTION (039) (proposed) | |
INTERNATIONAL CLASS | 039 |
TRACKED TEXT DESCRIPTION | |
TRANSPORTATION AND MOVING SERVICES FOR OTHERS, NAMELY, THE TRANSPORTATION OF HOUSEHOLD AND COMMERCIAL GOODS AND
SPECIALIZED TRANSPORT OF FRAGILE GOODS BY TRUCK, VAN, RAIL, AIR, AND OCEAN CARRIER; PACKING AND PACKAGING OF GOODS FOR TRANSPORTATION FOR OTHERS; TRANSPORTATION OF EXHIBITS AND DISPLAYS BY TRUCK, VAN, RAIL, AIR, AND OCEAN CARRIER FOR OTHERS; |
|
FINAL DESCRIPTION | |
TRANSPORTATION AND MOVING SERVICES FOR OTHERS, NAMELY, THE TRANSPORTATION OF HOUSEHOLD AND COMMERCIAL GOODS AND SPECIALIZED TRANSPORT OF FRAGILE GOODS BY TRUCK, VAN, RAIL, AIR, AND OCEAN CARRIER; PACKING AND PACKAGING OF GOODS FOR TRANSPORTATION FOR OTHERS; TRANSPORTATION OF EXHIBITS AND DISPLAYS BY TRUCK, VAN, RAIL, AIR, AND OCEAN CARRIER FOR OTHERS; DELIVERY OF GOODS BY COMMERCIAL FREIGHT BY TRUCK, VAN, RAIL, AIR AND OCEAN CARRIER FOR OTHERS; TRANSPORTATION AND INVENTORY LOGISTIC CONSULTATION SERVICES FOR OTHERS ABOUT THE PACKING, TRANSPORT, WAREHOUSING AND STORAGE OF GOODS FOR OTHERS; WAREHOUSING AND STORAGE OF GOODS; STORAGE OF GOODS, NAMELY, EXHIBITS AND DISPLAYS FOR OTHERS; FREIGHT FORWARDING AND FREIGHT BROKERAGE SERVICES FOR OTHERS | |
FILING BASIS | Section 1(a) |
FIRST USE ANYWHERE DATE | At least as early as 09/01/2003 |
FIRST USE IN COMMERCE DATE | At least as early as 11/01/2004 |
GOODS AND/OR SERVICES SECTION (042) (current) | |
INTERNATIONAL CLASS | 042 |
DESCRIPTION | |
PROVIDING TEMPORARY USE OF ON-LINE NON-DOWNLOADABLE SOFTWARE FOR THE COLLECTION, EDITING, ORGANIZING, MODIFYING, BOOK MARKING, TRACKING, TRANSMISSION, STORAGE AND SHARING OF DATA AND INFORMATION FOR USE IN REAL TIME PRICING, SALES, TRAINING, AND LEAD TRACKING IN CONNECTION WITH RELOCATION AND MOVING SERVICES | |
FILING BASIS | Section 1(a) |
FIRST USE ANYWHERE DATE | At least as early as 09/01/2003 |
FIRST USE IN COMMERCE DATE | At least as early as 11/01/2004 |
GOODS AND/OR SERVICES SECTION (042) (proposed) | |
INTERNATIONAL CLASS | 042 |
DESCRIPTION | |
PROVIDING TEMPORARY USE OF ON-LINE NON-DOWNLOADABLE SOFTWARE FOR THE COLLECTION, EDITING, ORGANIZING, MODIFYING, BOOK MARKING, TRACKING, TRANSMISSION, STORAGE AND SHARING OF DATA AND INFORMATION FOR USE IN REAL TIME PRICING, SALES, TRAINING, AND LEAD TRACKING IN CONNECTION WITH RELOCATION AND MOVING SERVICES | |
FILING BASIS | Section 1(a) |
FIRST USE ANYWHERE DATE | At least as early as 09/01/2003 |
FIRST USE IN COMMERCE DATE | At least as early as 11/01/2004 |
STATEMENT TYPE | "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. |
SPECIMEN FILE NAME(S) |
\\TICRS\EXPORT18\IMAGEOUT 18\884\679\88467914\xml1\ ROA0005.JPG |
\\TICRS\EXPORT18\IMAGEOUT 18\884\679\88467914\xml1\ ROA0006.JPG | |
SPECIMEN DESCRIPTION | website screenshots |
ADDITIONAL STATEMENTS SECTION | |
COLOR(S) CLAIMED (If applicable) |
The color(s) dark blue, turquoise, and blue is/are claimed as a feature of the mark. |
DESCRIPTION OF THE MARK (and Color Location, if applicable) |
The mark consists of the stylized word "iMOVE" in dark blue and design featuring a front half of a vehicle outlined in blue with turquoise and blue lines as the back half of the vehicle depicting forward movement all of which is partially inserted into a residential structure which is partially outlined in dark blue. The color white appearing in the drawing represents background or transparent regions and is not claimed as a feature of the mark. |
ATTORNEY INFORMATION (current) | |
NAME | Jeffrey H. Margolis |
ATTORNEY BAR MEMBERSHIP NUMBER | NOT SPECIFIED |
YEAR OF ADMISSION | NOT SPECIFIED |
U.S. STATE/ COMMONWEALTH/ TERRITORY | NOT SPECIFIED |
FIRM NAME | SIRVA, INC. |
STREET | 6200 OAK TREE BLVD., SUITE 300 |
CITY | INDEPENDENCE |
STATE | Ohio |
POSTAL CODE | 44131 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY | United States |
PHONE | 216-606-4192 |
FAX | 260-429-3135 |
katrina.lea@sirva.com | |
ATTORNEY INFORMATION (proposed) | |
NAME | Jeffrey H. Margolis |
ATTORNEY BAR MEMBERSHIP NUMBER | XXX |
YEAR OF ADMISSION | XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY | XX |
FIRM NAME | SIRVA, INC. |
INTERNAL ADDRESS | SUITE 300 |
STREET | 6200 OAK TREE BLVD., |
CITY | INDEPENDENCE |
STATE | Ohio |
POSTAL CODE | 44131 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY | United States |
PHONE | 216-606-4192 |
FAX | 260-429-3135 |
Jeff.Margolis@sirva.com | |
OTHER APPOINTED ATTORNEY | Jill Anderfuren |
CORRESPONDENCE INFORMATION (current) | |
NAME | JEFFREY H. MARGOLIS |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE | katrina.lea@sirva.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) | NOT PROVIDED |
CORRESPONDENCE INFORMATION (proposed) | |
NAME | Jeffrey H. Margolis |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE | Jeff.Margolis@sirva.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) | Katrina.Lea@SIRVA.com |
SIGNATURE SECTION | |
DECLARATION SIGNATURE | The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice. |
RESPONSE SIGNATURE | /Jeffrey H. Margolis/ |
SIGNATORY'S NAME | Jeffrey H. Margolis |
SIGNATORY'S POSITION | VP & General Counsel |
SIGNATORY'S PHONE NUMBER | 216-606-4192 |
DATE SIGNED | 03/05/2020 |
AUTHORIZED SIGNATORY | YES |
FILING INFORMATION SECTION | |
SUBMIT DATE | Thu Mar 05 16:26:32 ET 2020 |
TEAS STAMP | USPTO/ROA-XX.XX.XXX.XX-20 200305162632724499-884679 14-71056eb97dddda21524a26 a6c9548a5b63c1a7fb4e553b3 bdb8cfa1603653455f-N/A-N/ A-20200305152126416025 |
Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011) |
OMB No. 0651-0050 (Exp 09/20/2020) |
The Examining Attorney has raised several objections and made requirements regarding the goods/services and specimens evidencing use of the mark. In response thereto, Applicant has amended the identification of goods and the recitation of services, including specific deletions, and also including amended dates of use.
First with regard, to the cited registration of Registration No. 4,980,153, Applicant is concurrently filing a Petition to Cancel. With regard to the pending marks cited in the Official Action, Applicant chooses not to respond with arguments against those citations at this time, and asks that this application be suspended pending the disposition of those applications, and of the Cancelation action against the cited mark.
The Examining Attorney has also alleged that iMove is descriptive as it relates to the goods and services of the present application. For the following reasons, Applicant respectfully disagrees, and requests that the Examiner attorney reconsider refusal on this basis. First, please note that Applicant has used the mark IMOVE for over 15 years, first as part of its IMOVE.COM mark, Registration No. 3,585,186 registered March 10, 2009 on the Principal Register, which registration is valid and incontestable. This registration being based on use since 2003 and use in commerce since at least as early as November 1, 2004, for related Class 39 services.
The Office allowed Applicant’s prior registration, and the cited pending applications without a descriptiveness rejection.
A mark is merely descriptive only if it immediately describes an ingredient, quality, ration of Applicant’s mark. A mark is merely descriptive only if it immediately describes an ingredient, quality, characteristic, function, feature, purpose or use of the identified goods or services. See In re Gyulay, 820 F.2d 1216, 3 USPQ2d 1009 (Fed. Cir. 1987). Such information must describe the goods or services with a “degree of particularity.” Plus Products v. Medical Modalities Associates, Inc., 211 USPQ 1199, 1204-1205 (TTAB 1981). By contrast, a suggestive mark is one that, when applied to the goods or services at issue, requires imagination, thought, or perception as to the nature of the goods or services. Whether a term is merely descriptive is determined not in the abstract, but in relation to the goods and/or services for which registration is sought, the context in which it is used, an the meaning it would have to the average purchaser of the goods and/or services. In re Bright-Crest, Ltd., 204 USPQ 591, 593 (TTAB 1979).
The terms “descriptive” and “suggestive” are not mutually exclusive: without some aspect of descriptiveness, suggestive terms would not suggest. In re Reynolds Metals Company, 480 F.2d 902, 178 USPQ 296 (CCPA 1973). Applicant seeks to register the mark IMOVE a wide variety of goods and services. The term IMOVE may suggest these goods and services, but it does not describe them. Applicant’s mark is not merely descriptive of its goods and services, because the mark is has an ambiguous meaning that requires consumers to use thought and perception to understand the mark’s relationship to the goods – it is not an automatic connection, but it is at minimum, a two step process. Applicant’s mark is a single, coined term, and has a suggestive connotation and is not merely descriptive.
Applicant’s mark requires consumer’s to use additional thought to perceive the connection between Applicant’s goods and services and the mark. Where consumers must engage in a multi-stage reasoning process to comprehend a mark and its relationship to the goods, rather than face an instantaneous understanding from the mark of an attribute of the products, the mark is suggestive. See TMEP 1209.01(a) (“Suggestive marks are those that, when applied to the goods or services at issue, require imagination, thought, or perception to reach a conclusion as to the nature of those goods or services.”). Applicant’s IMOVE mark does not immediately describe Applicant’s services with any “degree of particularity.” Plus Products, 211 USPQ at 1204-1205. Applicant’s mark is built from two components, and although the meaning “I” could be considered to have an obvious meaning, coupled with the word “MOVE”, it has multiple meanings – it could mean IMOVE, such as a person moves around, or dances; it could mean someone personally moves another person emotionally, or it could use “I”, intending a double meaning with the word “EYE”, referring to “eye movement’. This requires consumers to use additional thought, perception, or imagination to comprehend the mark’s relationship to Applicant’s goods and services, thus giving the mark a suggestive significance.