part to call a direct message from the market about the quality ingredients or characteristics of the service and i would stress call a direct message from that suggestive trademarks well i would never have lead in the consumer to the meaning of the mark are numerous instances in which it least reviewers and use the term meat candy as a term of praise yes yes we suppose some of the establishments that were pr started using that in their advertising meat candy and it's you know becomes widespread and as a borrowing from from reviewers other one was a bacon rice krispie treats which is a cake not observe not a candy product they did find that the bacon peanut brittle which we would say might be borderline can be you know to answer the question i think various  when we hear the word candy you know do we smile are we happy there are a lot of connotations to that word that's i can be visually appealing all of these things don't have anything to do with food  so at that point we have been in congress mark so we have to say it's just  that a lot of the usages are very sparse and the record there are a few internet websites most of them are titles of products people are using it as a trademark which is fine those are common law users maybe they predate us maybe they have superior rights at some point i don't know we are certainly were not aware of them at the time of the filing of the mark so those prior to this it just if you look at them are all initial capitals candy means something pleasing that language tracks exactly one of the dictionary definitions for candy all of the evidence of meat candy as a combined term confirms that descriptive meaning here there is no question that this term as it applies to the services which african is identified will feature delicious tasting meat is descriptive and i want to offer one point on the fair use fair use is not an analysis that undertaken in the registration context a registration here will give the applicant for the first five years of prima fashion evidence of their right to use and the right to bring an action and after that five years eligible for inco line that i guess the law requires us to draw even if that's a linguistic matter that may not be terribly easy time there's something playful i think i would use the word fanciful  and there's there's something other than i mean i wouldn't expect for example a scientist to use the term neat candy in trying to give you know jetted description of something what does one do items that that use the term meat candy and there are articles and there are they all are using the joint term meat candy to identify a meat product the other thing is in court recognizing that suggests it isn't descriptive this is often a close case the court also recognized that the board has a duty to place the term in the proper context within the mark and to determine the public perception and here the suggestive meaning that applicant has offered is one that is in a dictionary it is a dictionary definition of can be so both the dictionary definitions here and the uses of the combined term identified need can be as descriptive of the featured item of african services context matters but i don't think comics were for the government i think it works for us and for the fact that there are dictionary definitions that we set in our brief and we rely on again i think works for us because ultimately what we are trying to get consumer