IN THE MATTER OF THE APPLICATION OF UNIVERSAL OIL PRODUCTS COMPANY, 476 F.2d 653

Summary

Appellant applicant was oil products company which sought certain marks to be registered for research, development, evaluation, market and economic studies, consultation, design, engineering, and technical services in connection with a process for the dehydrogenation of normal paraffins and an isomerization process. The Patent Office Trademark Trial and Appeal Board affirmed examiner's refusal to register the word marks for services. Applicant appealed. On review, the appellate court affirmed because there was no evidence of direct association between the offer of services and the mark sought to be registered therefor. The advertising of the services was under no mark at all and was in brochure offering to license or install processes that bore a dozen or more different names. The court held a "process," per se, was not a "service," and minimum showing of direct association was not met.