SERVICE WEST is Primarily Geographically Descriptive of Furniture Repair, Maintenance, and Transportation Services, Says TTAB

In a rare Section 2(e)(2) inter partes proceeding, the Board sustained an opposition to registration of the mark SERVICE WEST (in standard character form), finding it to be primarily geographically descriptive of applicant's services of "Installation, maintenance and repair of furniture, architectural walls and portable trade show booths,” in International Class 37, and “Transportation and storage of goods; transportation of furniture, musical instruments, stage scenery, stage props, costumes, sound equipment, stage machinery, industrial equipment, laboratory equipment and computer equipment; furniture moving; warehouse storage” in International Class 39 [SERVICE disclaimed]. Applicant claimed acquired distinctiveness under Section 2(f), but its proofs fell short. Service West, Inc. v. Service West, Inc., Opposition No. 91293505 [not precedential] (Opinion by Judge Mark A. Thurmon).

In determining whether a mark is primarily geographically descriptive under Section 2(e)(2), the Board considers three questions (quoting In re Newbridge Cutlery Co., 776 F.3d 854, 860-61 (Fed. Cir. 2015): 

1. Is the applied-for mark “the name of a place known generally to the public?” 
2. Would relevant consumers make a services/place association, that is would they “believe that the [services] for which the mark is sought to be registered originate in that place?” and, 
3. Do the services originate from “the geographic region named in the mark?” 

As to the first question, the Board found that the word “WEST” as used in SERVICE WEST is primarily geographically descriptive. On its website, applicant states, “Service West is the West Coast leader in commercial furniture installation, warehousing and logistics.” The Board deemed this statement to be "strong evidence that the word 'west,' at least as used in West Coast, is a place generally known to the public. If that were not the case, Applicant would not use such a label, in a geographic manner, on its own website."

Considering the mark as a whole, the Board found that SERVICE WEST "connotes a business providing furniture installation and related services to customers from its 'West Coast' location." "The mark conveys nothing more than the fact that Applicant’s services, or a substantial part of the services, originate from the 'West,' and in particular here, from the West Coast region."

As to the third question, applicant submitted testimony that 70% of its business comes from California, or from its West Coast locations.

Because the West Cost is a location generally known to the public and applicant's services emanate from there, it is presumed that relevant consumers would make an association between the services and the geographic location. "That is exactly what consumers will do upon hearing or seeing the applied-for mark. Consumers will understand, indeed will be told by Applicant, that furniture-related services may be obtained from this West Coast business. The services/location association is established by the record."

All three prongs of the Section 2(e)(2) test having been satisfied, the Board found that SERVICE WEST is primarily geographically descriptive of applicant's services.

Turning to the Section 2(f) claim, applicant submitted "very little evidence *** perhaps believing that showing a long period of use is sufficient evidence to show distinctiveness." Applicant provided testimony that it has used the SERVICE WEST mark for more than forty years, but the record "raises as many questions as it answers about Applicant’s use through the years."

Applicant relied on a single witness who was employed by applicant since 2019. However, there was no explanation "for how the witness would know what happened years before he joined Applicant’s business."

We find this witness’ testimony as to events before 2019 lacks a proper foundation and cannot be relied upon to prove whether consumers understood the Service West name as a service mark. It is equally plausible that consumers understand Service West as a tradename and not as a distinctive service mark.

In sum, applicant's evidence fell short of supporting its Section 2(f) claim. And so, the Board sustained the opposition.

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TTABlogger comment: Opposer also claimed genericness but submitted no probative evidence on that claim. The Board declined to reach opposer's mere descriptiveness claim.

Text Copyright John L. Welch 2026.