Performance of a Real Activity

A service must be a real activity. A mere idea or

concept, e.g., an idea for an accounting organizational format or a recipe for a

baked item, is not a service. Similarly, a system, process, or method is not a

service.

In re Universal Oil Prods.

Co.

, 476 F.2d 653, 177 USPQ 456

(C.C.P.A. 1973) ;

In re Citibank,

N.A.

, 225 USPQ 612

(TTAB 1985) ;

In re Scientific Methods, Inc.

, 201 USPQ 917

(TTAB 1979);

In re McCormick & Co.

, 179 USPQ 317 (TTAB

1973).  See

TMEP

§1301.02(e)

regarding marks that identify a system or

process.

The commercial context must be considered in

determining whether a real service is being performed. For example, at one time

the activities of grocery stores, department stores, and similar retail stores

were not considered to be services. However, it has long been recognized that

gathering various products together, making a place available for purchasers to

select goods, and providing any other necessary means for consummating purchases

constitutes the performance of a service.