Soliciting Investors

Offering shares of one’s own stock for investment

and reinvestment, and publication of reports to one’s own shareholders, are not

services, because these are routine corporate activities that primarily benefit

the applicant.

In re Canadian Pac. Ltd.

, 754 F.2d 992, 224 USPQ

971 (Fed. Cir. 1985). Similarly, soliciting investors in applicant’s own

partnership is not a registrable service.

In re Integrated

Res.

, Inc., 218 USPQ 829 (TTAB 1983) (syndicating investment

partnerships did not constitute a service within the meaning of the Trademark Act,

because there was no evidence that the applicant was in the business of

syndicating the investment partnerships of others; rather, the applicant

partnership was engaged only in syndication of interests in its own organization).

On the other hand, investing the funds of others is a registrable service that

primarily benefits others.

In re Venture Lending

Assocs.

, 226 USPQ 285

(TTAB 1985) (investment of funds of institutional investors and providing

capital for management found to be a registrable service).

In Canadian Pacific

, 224 USPQ at 974, the court noted that

since shareholders are owners of the corporation, an applicant who offers a

reinvestment plan to its stockholders is essentially offering the plan to itself

and not to a segment of the buying public. The court distinguished

American Int’l Reinsurance Co., v. Airco

,

Inc.

, 570 F.2d 941, 197 USPQ 69 (C.C.P.A. 1978), in which

offering an optional retirement plan to applicant’s employees was found to be a

registrable service that primarily benefits the employees.