98669267•P&P Imports LLC
Texte intégral
This Opinion is Not a Precedent of the TTAB Mailed: September 25, 2026 UNITED STATES PATENT AND TRADEMARK OFFICE _____ Trademark Trial and Appeal Board _____ In re P&P Imports LLC _____ Serial No. 98669267 _____ Kevin White, Esq. of P&P Imports LLC, for P&P Imports LLC, Claudia A. Kopenski, Trademark Examining Attorney, Law Office 129, Pam Willis, Managing Attorney. _____ Before Lykos, Allard and O’Connor, Administrative Trademark Judges. Opinion by O’Connor, Administrative Trademark Judge: P&P Imports LLC (“Applicant”) seeks registration on the Principal Register of the standard-character mark GOLF DARTS for “action skill games,” in International Class 28.1 The Trademark Examining Attorney refused registration on the ground that the proposed mark is merely descriptive of the identified goods under Section 2(e)(1) of 1 Application Serial No. 98669267 was filed on July 26, 2024 pursuant to Section 1(a) of the Trademark Act, 15 U.S.C. § 1051(a), based on Applicant’s claimed first use of the mark anywhere and in commerce at least as early as December 2, 2022 (the “Application”).
Serial No. 98669267 - 2 - the Trademark Act, 15 U.S.C. § 1052(e)(1). When the refusal was made final, Applicant requested reconsideration and filed this appeal, which was suspended. The application was remanded to the Examining Attorney to consider the request for reconsideration, which was denied. The appeal was resumed, and is fully briefed. For the reasons that follow, we affirm the refusal to register. I. Mere Descriptiveness – Applicable Law In the absence of acquired distinctiveness,2 Section 2(e)(1) of the Trademark Act prohibits registration of a mark on the Principal Register that, when used in connection with an applicant’s goods, is merely descriptive of them. 15 U.S.C. § 1052(e)(1). A term is merely descriptive if it immediately conveys knowledge of an ingredient, quality, feature, function, or characteristic of the identified goods. In re TriVita, Inc., 783 F.3d 872, 874 (Fed. Cir. 2015); see also In re Chamber of Com. of the U.S., 675 F.3d 1297, 1300 (Fed. Cir. 2012). By contrast, a mark is suggestive if imagination, thought or perception is required to reach a conclusion as to the qualities or characteristics of the goods. In re Gyulay, 820 F.2d 1216, 1217 (Fed. Cir. 1987). The determination of whether a proposed mark is merely descriptive must be made in relation to the goods for which registration is sought, not in the abstract. In re Bayer AG, 488 F.3d 960, 964 (Fed. Cir. 2007). This requires consideration of the context in which the putative mark is used or intended to be used in connection with those goods, and the possible significance that it would have to the average purchaser of the goods in the marketplace. Id. See also In re N.C. Lottery, 866 F.3d 1363, 1367 2 Applicant does not claim acquired distinctiveness.
Serial No. 98669267 - 3 - (Fed. Cir. 2017) (citations omitted) (in considering whether an applied-for mark is merely descriptive, the Board “must consider a mark in its commercial context to determine the public’s perception”). The question is not whether someone presented with only the proposed mark could guess the goods listed in the identification, but rather whether someone who knows what the goods are will understand the proposed mark to convey information about them. DuoProSS Meditech Corp. v. Inviro Med. Devices, Ltd., 695 F.3d 1247, 1254 (Fed. Cir. 2012). “When two or more merely descriptive terms are combined, the determination of whether the composite mark also has a merely descriptive significance turns on whether the combination of terms evokes a new and unique commercial impression.” In re Omniome, Inc., No. 87661190, 2019 TTAB LEXIS 414, at *3. However, if each component retains its merely descriptive significance in relation to the goods, the combination results in a composite that is itself merely descriptive. Id. Evidence that a term is merely descriptive to the relevant purchasing public “may be obtained from any competent source, such as dictionaries, newspapers, or surveys.” Bayer, 488 F.3d at 964 (cited in Heritage All. v. Am. Pol’y Roundtable, 133 F.4th 1063, 1068 (Fed. Cir. 2025)). It may also be obtained from “labels, packages, or in advertising material directed to the goods,” In re Abcor Dev. Corp., 588 F.2d 811, 814 (CCPA 1978), or from websites and publications. N.C. Lottery, 866 F.3d at 1368. The sources consulted may include Applicant’s specimen of use. Id. (Board “did not err by considering the explanatory text of the specimens in the descriptiveness inquiry”).
Serial No. 98669267 - 4 - II. Analysis We first consider the meanings of the terms GOLF and DARTS, and the composite GOLF DARTS, in view of Applicant’s identified “action skill games,” the specimen of use, and other evidence in the record. See, e.g., In re Petroglyph Games, Inc., No. 78806413, 2009 TTAB LEXIS 465, at *14 (“First, we examine the evidence concerning the meanings that would be ascribed to the term BATTLECAM and the separate terms BATTLE and CAM, when used with applicant’s goods.”). Dictionary evidence made of record by Applicant defines “golf” as “a game in which a player using special clubs attempts to sink a ball with as few strokes as possible into each of the 9 or 18 successive holes on a course.”3 “Dart” is defined as “a small missile usually with a pointed shaft at one end and feathers at the other” and “darts” is defined as “a game in which darts are thrown at a target.”4 These definitions show that golf and darts are known games that use particular implements to attain particular objectives. The specimen provided for Applicant’s “action skill games” and excerpts from Applicant’s website and Amazon.com product listing show that Applicant’s goods include a “dartboard target,” “darts scoreboard,” and so-called “‘Chip N’ Stick’ golf balls” that are modified with hook and loop fastener so they can stick to the target: 3 October 14, 2025 Request for Reconsideration, TSDR 60 (entry from MERRIAM-WEBSTER DICTIONARY). Page references herein to the application record refer to the online database of the USPTO’s Trademark Status & Document Retrieval (“TSDR”) system. 4 Id. at 55 (entry from MERRIAM-WEBSTER DICTIONARY).
Serial No. 98669267 - 5 - 5 5 December 11, 2024 Nonfinal Office Action, TSDR 5.
Serial No. 98669267 - 6 - Advertising on Applicant’s website, www.playgosports.com, and an Amazon.com listing states “GOLF DARTS: An exciting new chipping game that combines the precision of darts with the fun of golf; The included Chip N’ Stick golf balls stick to the oversized fabric target for scoring.”6 The advertising further states “TRADITIONAL DART GAMES: Practice and improve your chipping skills while playing classic darts games like Cricket and 301, or make up your own (game rules included).”7 As explained on Applicant’s website, “GoSports Golf Darts is a fun twist on two beloved games. Hit the Chip N’ Stick golf balls onto the giant fabric dartboard to score points. The target features full color graphics that make you feel like you are playing darts on the golf course!”8 This evidence shows that Applicant’s “action skill games” include features that combine elements of both golf and darts. When the words GOLF and DARTS are combined into GOLF DARTS and used for Applicant’s goods, the words retain their original meanings as referring to features of the goods, which include aspects of both golf and darts. See, e.g., In re Zuma Array Ltd., No. 79288888, 2022 TTAB LEXIS 281, at *8, 22 (composite mark found descriptive where combination of terms did not “convey[ ] any distinctive source identifying impression contrary to the 6 See id.; January 21, 2026 Denial of Request for Reconsideration, TSDR 9. Applicant also provided a copy of its Amazon.com listing, October 14, 2025 Request for Reconsideration, TSDR 31-32, which appears to be the same in all material respects as that provided by the Examining Attorney. The evidence indicates that “chipping” is a type of golf shot. See, e.g., January 21, 2026 Denial of Request for Reconsideration, TSDR 20. 7 December 11, 2024 Nonfinal Office Action, TSDR 5 (Applicant’s website); January 21, 2026 Denial of Request for Reconsideration, TSDR 9 (Applicant’s Amazon.com listing). 8 December 11, 2024 Nonfinal Office Action, TSDR 6.
Serial No. 98669267 - 7 - descriptiveness of the individual parts”) (cleaned up). The record supports a finding that consumers are likely to perceive GOLF DARTS as directly and immediately conveying information about significant features of Applicant’s “action skill games,” namely, that the goods combine features of the games of golf and darts. See, e.g., Chamber of Com., 675 F.3d at 1301 (content of applicant’s website, along with articles discussing the activities of chambers of commerce, constituted substantial evidence supporting Board’s finding of mere descriptiveness). Applicant argues that GOLF DARTS is suggestive in that the combination of GOLF and DARTS “presents a bizarre and incongruous meaning that cannot be grasped without some measure of imagination and mental pause.”9 Pointing to the dictionary definitions,10 Applicant contends that its game lacks traditional elements of either golf (no course, holes, etc.) or darts (no feathered darts, needle darts piercing a regulation dartboard, etc.) and, therefore, consumers must engage in a multistep analysis to arrive at meaning for the applied-for mark. Although the term GOLF DARTS may at first glance seem unusual when considered in the abstract, we find nothing bizarre or incongruous about the combination of the words GOLF and DARTS when it is considered in relation to Applicant’s “action skill games.” The goods “action skill games” are identified broadly 9 6 TTABVUE 6. References to the briefs on appeal refer to TTABVUE, the Board’s online docketing system. The number preceding “TTABVUE” corresponds to the docket entry number; the number(s) following “TTABVUE” refer to the page number(s) of that particular docket entry. 10 October 14, 2025 Request for Reconsideration, TSDR 55, 60 (entries from MERRIAM- WEBSTER DICTIONARY for dart/darts and golf).
Serial No. 98669267 - 8 - and as reflected in the evidence, encompass a game that combines aspects of both golf and darts. See In re Allen Electric & Equip. Co., 458 F.2d 1404, 1405 (CCPA 1972) (identified goods were “antennas” and there was evidence in the record that there are antennas known as “scanning antennas,” such that the mark SCANNER was merely descriptive). As seen in Applicant’s specimen and advertising, Applicant’s game combines features from both golf and darts, including a dartboard-style target and modified golf balls. The specimen depicts players hitting golf balls at the dartboard target, and the game is specifically promoted as a way to improve one’s chipping skills while playing classic darts games. The term GOLF DARTS directly and immediately conveys information about characteristics of Applicant’s goods. This is unlike cases where incongruity was found because there was a difference or disconnect between the terms in the mark and the goods or services. See, e.g., In re Shutts, No. 73245440, 1983 TTAB LEXIS 150, at *1, 6-7 (SNO-RAKE not merely descriptive of “snow removal hand tool having a handle with a snow-removing head at one end, the head being of solid uninterrupted construction without prongs”); In re Tennis in the Round Inc., 1978 TTAB LEXIS 44, at *6-7 (TENNIS IN THE ROUND not merely descriptive of providing tennis facilities in a setting that was not analogous to a “theater-in-the-round”). Despite Applicant’s insistence otherwise, it is of no moment that Applicant’s game does not include all of the rules or implements of either golf or darts.11 It is not 11 See, e.g., 6 TTABVUE 9 (stating that analysis “is based on a contemplation of the entirety of a representative product, not just suggestive elements of Applicant’s goods”).
Serial No. 98669267 - 9 - necessary that a term describe all of the purposes, functions, characteristics, or features of the goods to be considered merely descriptive; it is enough if the term describes one significant function, attribute, or property. Chamber of Com., 675 F.3d at 1300. See also In re Oppedahl & Larson LLP, 373 F.3d 1171, 1173 (Fed. Cir. 2004) (“A mark may be merely descriptive even if it does not describe the ‘full scope and extent’ of the applicant’s goods or services.”) (quoting In re Dial-A-Mattress Operating Corp., 240 F.3d 1341, 1346 (Fed. Cir. 2001)). Applicant also argues that its combination of terms is “jarring and suggestive” because it suggests “an undefined combination of non-overlapping concepts and gameplay that cannot itself be immediately derived from the terms of Applicant’s Mark.”12 We do not agree that the combination of GOLF and DARTS for “action skill games” would be perceived as jarring or suggestive, especially in light of Applicant’s own advertising materials and specimen discussed above. Moreover, the Examining Attorney provided evidence of others using the terms “Golf Darts” or “Dart Golf” with reference to a game that combines features of both golf and darts, namely: • Blog post on gldproducts.com titled “How to Play Golf Darts” describes a darts game called “Golf Darts” that mimics a 9- or 18- round game of golf with stroke counts determined by which part of the board is hit and the overall objective of using as few “strokes” as possible.13 • Article on darthelp.com titled “How to Play Golf Darts on a Standard Dartboard” describes a similar game in which the number of strokes is 12 6 TTABVUE 8-9. Applicant’s argument misstates the applicable legal standard, which, as noted above, does not consider the proposed mark in the abstract or ask whether a person could guess what the goods are if presented with only the mark. DuoProSS, 695 F.3d at 1254. Instead, the proposed mark must be considered with the identified goods in mind. 13 December 11, 2024 Nonfinal Office Action, TSDR 9-10.
Serial No. 98669267 - 10 - determined by where the dart lands and the objective is to finish 9 or 18 rounds while scoring as low as possible.14 • Wikipedia.org entry for “Dart Golf” stating that “Dart golf games are games in which darts are thrown at traditional dart boards or dart boards that resemble golf courses with colored areas that represent a golf course. Dart golf games use golf-like rules and scoring. Rules and board configurations of the game vary from league to league….”15 • Wiktionary.org entry for “dart golf” stating that it is a noun meaning “[a] variant of darts in which the dartboard represents (and may resemble) a golf course, and having rules and scoring derived from golf.”16 Although, as Applicant states,17 these games are not the same as Applicant’s because they use a traditional dartboard and darts, this evidence shows that Applicant’s consumers are likely to be familiar with the concept of a dart or dart-like game that follows the play and scoring of golf. Cf. Petroglyph Games, 2009 TTAB LEXIS 465, at *30-32 (even without evidence that products actually featured battle cameras, evidence of video game players using terms “camera,” “battle camera” or “battle cam” indicates the terms are familiar, descriptive terms in the computer game field; BATTLECAM held descriptive). In view of this commercial context, a proposed mark that combines the words GOLF and DARTS for an action skill game that itself combines features of both games would not be jarring to the average consumer. Applicant also argues that the registration on the Principal Register of other marks, including those that combine DART with another word for action skill games 14 Id. at 16-18. 15 Id. at 14. 16 April 11, 2025 Final Office Action, TSDR 6. 17 9 TTABVUE 3-4.
Serial No. 98669267 - 11 - and similar goods, shows that GOLF DARTS should be deemed suggestive.18 These include active registrations for marks such as SMACK DARTS and RINGER DARTS (DARTS disclaimed in both marks) and cancelled registrations for SEX-DARTS and GOLFDARTS.19 The two cancelled registrations on their face are of limited value as they are evidence only of the fact that the registrations issued. See, e.g., In re Wal- Mart Stores, Inc., No. 86261962, 2019 TTAB LEXIS 1, at *40 (citing cases). As for the remaining registrations, they too are of limited value because they involve different marks than the applied-for mark GOLF DARTS and are based on entirely different records. “The great variation in facts from case to case prevents the formulation of specific rules for specific fact situations. Each case must be decided on its own merits.” TRADEMARK MANUAL OF EXAMINING PROCEDURE (TMEP) § 1209.01(b) (May 2026) (citing In re Ampco Foods, Inc., No. 73313197, 1985 TTAB LEXIS 46, at *7; In re Venturi, Inc., No. 73004593, 1977 TTAB LEXIS 200, at *7). An applied-for mark that is merely descriptive or generic is not registrable simply because other seemingly similar marks have been registered. In re Consumer Prot. Firm PLLC, No. 87445801, 2021 TTAB LEXIS 67, at *29; TMEP § 1209.03(a). “Even if some prior 18 6 TTABVUE 8, 9-10 (pointing to eight registrations that Applicant made of record during prosecution). Applicant’s re-submission of this evidence with its appeal brief was unnecessary. See, e.g., In re Black Card LLC, No. 90641690, 2023 TTAB LEXIS 478, at *6 (evidence made of record during prosecution should not have been refiled with the brief; the Board discourages practice of filing evidence again with a party’s appeal brief). 19 See October 14, 2025 Request for Reconsideration, TSDR 12, 22, 29, 37. Applicant’s reply brief refers to yet another registered mark, ACQUA DARTS. 9 TTABVUE 7, n.1. Insofar as Applicant failed to make this registration properly of record, we give it no consideration. See Trademark Rule 2.142(d), 37 C.F.R. § 2.142(d) (record should be complete prior to the filing of an appeal).
Serial No. 98669267 - 12 - registrations had some characteristics similar to [Applicant’s mark], the [US]PTO’s allowance of such prior registrations does not bind the Board.” In re Nett Designs, Inc., 236 F.3d 1339, 1342 (Fed. Cir. 2001). We must assess each proposed mark on the record of public perception submitted with the application. Id. Accordingly, we find that the other registrations do not overcome the showing that has been made of mere descriptiveness. Lastly, Applicant argues that there is doubt as to the descriptiveness of the proposed mark that should be resolved in its favor.20 Here, however, we have no doubt that average consumers with an understanding of Applicant’s goods will directly and immediately perceive that the proposed mark GOLF DARTS conveys information about the goods. III. Conclusion Based on the foregoing, the proposed mark GOLF DARTS directly and immediately conveys information about Applicant’s “action skill games,” namely, that they include features of the games of golf and darts. We therefore find Applicant’s proposed mark to be merely descriptive of the identified goods. Decision: The mere descriptiveness refusal under Section 2(e)(1) of the Trademark Act is affirmed. 20 6 TTABVUE 10-12.
1 printed pages contain little extracted OCR body text; searchable legal-body completeness has not been established for those pages.
OCR transcription for search; preserved printed pages are authoritative
This Opinion is Not a Precedent of the TTAB Mailed: September 25, 2026 UNITED STATES PATENT AND TRADEMARK OFFICE Trademark Trial and Appeal Board In re P&P Imports LLC Serial No. 98669267 Kevin White, Esq. of P&P Imports LLC, for P&P Imports LLC, Claudia A. Kopenski, Trademark Examining Attorney, Law Office 129, Pam Willis, Managing Attorney. Before Lykos, Allard and O’Connor, Administrative Trademark Judges. Opinion by O’Connor, Administrative Trademark Judge: P&P Imports LLC (“Applicant”) seeks registration on the Principal Register of the standard-character mark GOLF DARTS for “action skill games,” in International Class 28.1 The Trademark Examining Attorney refused registration on the ground that the proposed mark is merely descriptive of the identified goods under Section 2(e)(1) of 1 Application Serial No. 98669267 was filed on July 26, 2024 pursuant to Section 1(a) of the Trademark Act, 15 U.S.C. § 1051(a), based on Applicant’s claimed first use of the mark anywhere and in commerce at least as early as December 2, 2022 (the “Application”). Serial No. 98669267 - 2 - the Trademark Act, 15 U.S.C. § 1052(e)(1). When the refusal was made final, Applicant requested reconsideration and filed this appeal, which was suspended. The application was remanded to the Examining Attorney to consider the request for reconsideration, which was denied. The appeal was resumed, and is fully briefed. For the reasons that follow, we affirm the refusal to register. I. Mere Descriptiveness – Applicable Law In the absence of acquired distinctiveness,2 Section 2(e)(1) of the Trademark Act prohibits registration of a mark on the Principal Register that, when used in connection with an applicant’s goods, is merely descriptive of them. 15 U.S.C. § 1052(e)(1). A term is merely descriptive if it immediately conveys knowledge of an ingredient, quality, feature, function, or characteristic of the identified goods. In re TriVita, Inc., 783 F.3d 872, 874 (Fed. Cir. 2015); see also In re Chamber of Com. of the U.S., 675 F.3d 1297, 1300 (Fed. Cir. 2012). By contrast, a mark is suggestive if imagination, thought or perception is required to reach a conclusion as to the qualities or characteristics of the goods. In re Gyulay, 820 F.2d 1216, 1217 (Fed. Cir. 1987). The determination of whether a proposed mark is merely descriptive must be made in relation to the goods for which registration is sought, not in the abstract. In re Bayer AG, 488 F.3d 960, 964 (Fed. Cir. 2007). This requires consideration of the context in which the putative mark is used or intended to be used in connection with those goods, and the possible significance that it would have to the average purchaser of the goods in the marketplace. Id. See also In re N.C. Lottery, 866 F.3d 1363, 1367 2 Applicant does not claim acquired distinctiveness. Serial No. 98669267 - 3 - (Fed. Cir. 2017) (citations omitted) (in considering whether an applied-for mark is merely descriptive, the Board “must consider a mark in its commercial context to determine the public’s perception”). The question is not whether someone presented with only the proposed mark could guess the goods listed in the identification, but rather whether someone who knows what the goods are will understand the proposed mark to convey information about them. DuoProSS Meditech Corp. v. Inviro Med. Devices, Ltd., 695 F.3d 1247, 1254 (Fed. Cir. 2012). “When two or more merely descriptive terms are combined, the determination of whether the composite mark also has a merely descriptive significance turns on whether the combination of terms evokes a new and unique commercial impression.” In re Omniome, Inc., No. 87661190, 2019 TTAB LEXIS 414, at *3. However, if each component retains its merely descriptive significance in relation to the goods, the combination results in a composite that is itself merely descriptive. Id. Evidence that a term is merely descriptive to the relevant purchasing public “may be obtained from any competent source, such as dictionaries, newspapers, or surveys.” Bayer, 488 F.3d at 964 (cited in Heritage All. v. Am. Pol’y Roundtable, 133 F.4th 1063, 1068 (Fed. Cir. 2025)). It may also be obtained from “labels, packages, or in advertising material directed to the goods,” In re Abcor Dev. Corp., 588 F.2d 811, 814 (CCPA 1978), or from websites and publications. N.C. Lottery, 866 F.3d at 1368. The sources consulted may include Applicant’s specimen of use. Id. (Board “did not err by considering the explanatory text of the specimens in the descriptiveness inquiry”). Serial No. 98669267 - 4 - II. Analysis We first consider the meanings of the terms GOLF and DARTS, and the composite GOLF DARTS, in view of Applicant’s identified “action skill games,” the specimen of use, and other evidence in the record. See, e.g., In re Petroglyph Games, Inc., No. 78806413, 2009 TTAB LEXIS 465, at *14 (“First, we examine the evidence concerning the meanings that would be ascribed to the term BATTLECAM and the separate terms BATTLE and CAM, when used with applicant’s goods.”). Dictionary evidence made of record by Applicant defines “golf” as “a game in which a player using special clubs attempts to sink a ball with as few strokes as possible into each of the 9 or 18 successive holes on a course.”3 “Dart” is defined as “a small missile usually with a pointed shaft at one end and feathers at the other” and “darts” is defined as “a game in which darts are thrown at a target.”4 These definitions show that golf and darts are known games that use particular implements to attain particular objectives. The specimen provided for Applicant’s “action skill games” and excerpts from Applicant’s website and Amazon.com product listing show that Applicant’s goods include a “dartboard target,” “darts scoreboard,” and so-called “‘Chip N’ Stick’ golf balls” that are modified with hook and loop fastener so they can stick to the target: 3 October 14, 2025 Request for Reconsideration, TSDR 60 (entry from MERRIAM-WEBSTER DICTIONARY). Page references herein to the application record refer to the online database of the USPTO’s Trademark Status & Document Retrieval (“TSDR”) system. 4 Id. at 55 (entry from MERRIAM-WEBSTER DICTIONARY). Serial No. 98669267 aq 5 FAH 11 b 5 December 11, 2024 Nonfinal Office Action, TSDR 5. _5- Serial No. 98669267 - 6 - Advertising on Applicant’s website, www.playgosports.com, and an Amazon.com listing states “GOLF DARTS: An exciting new chipping game that combines the precision of darts with the fun of golf; The included Chip N’ Stick golf balls stick to the oversized fabric target for scoring.”6 The advertising further states “TRADITIONAL DART GAMES: Practice and improve your chipping skills while playing classic darts games like Cricket and 301, or make up your own (game rules included).”7 As explained on Applicant’s website, “GoSports Golf Darts is a fun twist on two beloved games. Hit the Chip N’ Stick golf balls onto the giant fabric dartboard to score points. The target features full color graphics that make you feel like you are playing darts on the golf course!”8 This evidence shows that Applicant’s “action skill games” include features that combine elements of both golf and darts. When the words GOLF and DARTS are combined into GOLF DARTS and used for Applicant’s goods, the words retain their original meanings as referring to features of the goods, which include aspects of both golf and darts. See, e.g., In re Zuma Array Ltd., No. 79288888, 2022 TTAB LEXIS 281, at *8, 22 (composite mark found descriptive where combination of terms did not “convey[ ] any distinctive source identifying impression contrary to the 6 See id.; January 21, 2026 Denial of Request for Reconsideration, TSDR 9. Applicant also provided a copy of its Amazon.com listing, October 14, 2025 Request for Reconsideration, TSDR 31-32, which appears to be the same in all material respects as that provided by the Examining Attorney. The evidence indicates that “chipping” is a type of golf shot. See, e.g., January 21, 2026 Denial of Request for Reconsideration, TSDR 20. 7 December 11, 2024 Nonfinal Office Action, TSDR 5 (Applicant’s website); January 21, 2026 Denial of Request for Reconsideration, TSDR 9 (Applicant’s Amazon.com listing). 8 December 11, 2024 Nonfinal Office Action, TSDR 6. Serial No. 98669267 - 7 - descriptiveness of the individual parts”) (cleaned up). The record supports a finding that consumers are likely to perceive GOLF DARTS as directly and immediately conveying information about significant features of Applicant’s “action skill games,” namely, that the goods combine features of the games of golf and darts. See, e.g., Chamber of Com., 675 F.3d at 1301 (content of applicant’s website, along with articles discussing the activities of chambers of commerce, constituted substantial evidence supporting Board’s finding of mere descriptiveness). Applicant argues that GOLF DARTS is suggestive in that the combination of GOLF and DARTS “presents a bizarre and incongruous meaning that cannot be grasped without some measure of imagination and mental pause.”9 Pointing to the dictionary definitions,10 Applicant contends that its game lacks traditional elements of either golf (no course, holes, etc.) or darts (no feathered darts, needle darts piercing a regulation dartboard, etc.) and, therefore, consumers must engage in a multistep analysis to arrive at meaning for the applied-for mark. Although the term GOLF DARTS may at first glance seem unusual when considered in the abstract, we find nothing bizarre or incongruous about the combination of the words GOLF and DARTS when it is considered in relation to Applicant’s “action skill games.” The goods “action skill games” are identified broadly 9 6 TTABVUE 6. References to the briefs on appeal refer to TTABVUE, the Board’s online docketing system. The number preceding “TTABVUE” corresponds to the docket entry number; the number(s) following “TTABVUE” refer to the page number(s) of that particular docket entry. 10 October 14, 2025 Request for Reconsideration, TSDR 55, 60 (entries from MERRIAM- WEBSTER DICTIONARY for dart/darts and golf). Serial No. 98669267 - 8 - and as reflected in the evidence, encompass a game that combines aspects of both golf and darts. See In re Allen Electric & Equip. Co., 458 F.2d 1404, 1405 (CCPA 1972) (identified goods were “antennas” and there was evidence in the record that there are antennas known as “scanning antennas,” such that the mark SCANNER was merely descriptive). As seen in Applicant’s specimen and advertising, Applicant’s game combines features from both golf and darts, including a dartboard-style target and modified golf balls. The specimen depicts players hitting golf balls at the dartboard target, and the game is specifically promoted as a way to improve one’s chipping skills while playing classic darts games. The term GOLF DARTS directly and immediately conveys information about characteristics of Applicant’s goods. This is unlike cases where incongruity was found because there was a difference or disconnect between the terms in the mark and the goods or services. See, e.g., In re Shutts, No. 73245440, 1983 TTAB LEXIS 150, at *1, 6-7 (SNO-RAKE not merely descriptive of “snow removal hand tool having a handle with a snow-removing head at one end, the head being of solid uninterrupted construction without prongs”); In re Tennis in the Round Inc., 1978 TTAB LEXIS 44, at *6-7 (TENNIS IN THE ROUND not merely descriptive of providing tennis facilities in a setting that was not analogous to a “theater-in-the-round”). Despite Applicant’s insistence otherwise, it is of no moment that Applicant’s game does not include all of the rules or implements of either golf or darts.11 It is not 11 See, e.g., 6 TTABVUE 9 (stating that analysis “is based on a contemplation of the entirety of a representative product, not just suggestive elements of Applicant’s goods”). Serial No. 98669267 - 9 - necessary that a term describe all of the purposes, functions, characteristics, or features of the goods to be considered merely descriptive; it is enough if the term describes one significant function, attribute, or property. Chamber of Com., 675 F.3d at 1300. See also In re Oppedahl & Larson LLP, 373 F.3d 1171, 1173 (Fed. Cir. 2004) (“A mark may be merely descriptive even if it does not describe the ‘full scope and extent’ of the applicant’s goods or services.”) (quoting In re Dial-A-Mattress Operating Corp., 240 F.3d 1341, 1346 (Fed. Cir. 2001)). Applicant also argues that its combination of terms is “jarring and suggestive” because it suggests “an undefined combination of non-overlapping concepts and gameplay that cannot itself be immediately derived from the terms of Applicant’s Mark.”12 We do not agree that the combination of GOLF and DARTS for “action skill games” would be perceived as jarring or suggestive, especially in light of Applicant’s own advertising materials and specimen discussed above. Moreover, the Examining Attorney provided evidence of others using the terms “Golf Darts” or “Dart Golf” with reference to a game that combines features of both golf and darts, namely: • Blog post on gldproducts.com titled “How to Play Golf Darts” describes a darts game called “Golf Darts” that mimics a 9- or 18- round game of golf with stroke counts determined by which part of the board is hit and the overall objective of using as few “strokes” as possible.13 • Article on darthelp.com titled “How to Play Golf Darts on a Standard Dartboard” describes a similar game in which the number of strokes is 12 6 TTABVUE 8-9. Applicant’s argument misstates the applicable legal standard, which, as noted above, does not consider the proposed mark in the abstract or ask whether a person could guess what the goods are if presented with only the mark. DuoProSS, 695 F.3d at 1254. Instead, the proposed mark must be considered with the identified goods in mind. 13 December 11, 2024 Nonfinal Office Action, TSDR 9-10. Serial No. 98669267 - 10 - determined by where the dart lands and the objective is to finish 9 or 18 rounds while scoring as low as possible.14 • Wikipedia.org entry for “Dart Golf” stating that “Dart golf games are games in which darts are thrown at traditional dart boards or dart boards that resemble golf courses with colored areas that represent a golf course. Dart golf games use golf-like rules and scoring. Rules and board configurations of the game vary from league to league….”15 • Wiktionary.org entry for “dart golf” stating that it is a noun meaning “[a] variant of darts in which the dartboard represents (and may resemble) a golf course, and having rules and scoring derived from golf.”16 Although, as Applicant states,17 these games are not the same as Applicant’s because they use a traditional dartboard and darts, this evidence shows that Applicant’s consumers are likely to be familiar with the concept of a dart or dart-like game that follows the play and scoring of golf. Cf. Petroglyph Games, 2009 TTAB LEXIS 465, at *30-32 (even without evidence that products actually featured battle cameras, evidence of video game players using terms “camera,” “battle camera” or “battle cam” indicates the terms are familiar, descriptive terms in the computer game field; BATTLECAM held descriptive). In view of this commercial context, a proposed mark that combines the words GOLF and DARTS for an action skill game that itself combines features of both games would not be jarring to the average consumer. Applicant also argues that the registration on the Principal Register of other marks, including those that combine DART with another word for action skill games 14 Id. at 16-18. 15 Id. at 14. 16 April 11, 2025 Final Office Action, TSDR 6. 17 9 TTABVUE 3-4. Serial No. 98669267 - 11 - and similar goods, shows that GOLF DARTS should be deemed suggestive.18 These include active registrations for marks such as SMACK DARTS and RINGER DARTS (DARTS disclaimed in both marks) and cancelled registrations for SEX-DARTS and GOLFDARTS.19 The two cancelled registrations on their face are of limited value as they are evidence only of the fact that the registrations issued. See, e.g., In re Wal- Mart Stores, Inc., No. 86261962, 2019 TTAB LEXIS 1, at *40 (citing cases). As for the remaining registrations, they too are of limited value because they involve different marks than the applied-for mark GOLF DARTS and are based on entirely different records. “The great variation in facts from case to case prevents the formulation of specific rules for specific fact situations. Each case must be decided on its own merits.” TRADEMARK MANUAL OF EXAMINING PROCEDURE (TMEP) § 1209.01(b) (May 2026) (citing In re Ampco Foods, Inc., No. 73313197, 1985 TTAB LEXIS 46, at *7; In re Venturi, Inc., No. 73004593, 1977 TTAB LEXIS 200, at *7). An applied-for mark that is merely descriptive or generic is not registrable simply because other seemingly similar marks have been registered. In re Consumer Prot. Firm PLLC, No. 87445801, 2021 TTAB LEXIS 67, at *29; TMEP § 1209.03(a). “Even if some prior 18 6 TTABVUE 8, 9-10 (pointing to eight registrations that Applicant made of record during prosecution). Applicant’s re-submission of this evidence with its appeal brief was unnecessary. See, e.g., In re Black Card LLC, No. 90641690, 2023 TTAB LEXIS 478, at *6 (evidence made of record during prosecution should not have been refiled with the brief; the Board discourages practice of filing evidence again with a party’s appeal brief). 19 See October 14, 2025 Request for Reconsideration, TSDR 12, 22, 29, 37. Applicant’s reply brief refers to yet another registered mark, ACQUA DARTS. 9 TTABVUE 7, n.1. Insofar as Applicant failed to make this registration properly of record, we give it no consideration. See Trademark Rule 2.142(d), 37 C.F.R. § 2.142(d) (record should be complete prior to the filing of an appeal). Serial No. 98669267 - 12 - registrations had some characteristics similar to [Applicant’s mark], the [US]PTO’s allowance of such prior registrations does not bind the Board.” In re Nett Designs, Inc., 236 F.3d 1339, 1342 (Fed. Cir. 2001). We must assess each proposed mark on the record of public perception submitted with the application. Id. Accordingly, we find that the other registrations do not overcome the showing that has been made of mere descriptiveness. Lastly, Applicant argues that there is doubt as to the descriptiveness of the proposed mark that should be resolved in its favor.20 Here, however, we have no doubt that average consumers with an understanding of Applicant’s goods will directly and immediately perceive that the proposed mark GOLF DARTS conveys information about the goods. III. Conclusion Based on the foregoing, the proposed mark GOLF DARTS directly and immediately conveys information about Applicant’s “action skill games,” namely, that they include features of the games of golf and darts. We therefore find Applicant’s proposed mark to be merely descriptive of the identified goods. Decision: The mere descriptiveness refusal under Section 2(e)(1) of the Trademark Act is affirmed. 20 6 TTABVUE 10-12.
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