Bail Runners LLPDownload PDFTrademark Trial and Appeal BoardJul 20, 2017No. 86680142 (T.T.A.B. Jul. 20, 2017) Copy Citation This Opinion is not a Precedent of the TTAB Mailed: July 20, 2017 UNITED STATES PATENT AND TRADEMARK OFFICE _____ Trademark Trial and Appeal Board _____ In re Bail Runners LLP _____ Serial No. 86680142 _____ Bail Runners LLP, pro se.1 David A. Brookshire, Trademark Examining Attorney, Law Office 114, K. Margaret Le, Managing Attorney. _____ Before Taylor, Wellington, and Kuczma, Administrative Trademark Judges. Opinion by Wellington, Administrative Trademark Judge: Bail Runners LLP (“Applicant”) seeks registration on the Principal Register of the mark BAIL RUNNERS for “fugitive recovery services; surveillance services” in International Class 45.2 1 Yvonne Figueroa and Kirk Figueroa, identified as general partners of Applicant, have been filing papers on Applicant’s behalf. 2 Application Serial No. 86680142, filed on July 1, 2015, is based on Applicant’s allegation of first use anywhere and in commerce on December 1, 2012, pursuant to Section 1(a) of the Trademark Act. Serial No. 86680142 - 2 - The Examining Attorney has refused registration on the basis that the mark is merely descriptive of Applicant’s services, under Section 2(e)(1) of the Trademark Act (“the Act”), 15 U.S.C. § 1052(e)(1). After the Examining Attorney made the refusal final, Applicant filed a request for reconsideration and then appealed. The request for reconsideration was denied by the Examining Attorney. Applicant and the Examining Attorney have filed appeal briefs. For the reasons given in this decision, we affirm the refusal to register. A mark is deemed to be merely descriptive within the meaning of Section 2(e)(1) if it immediately conveys knowledge of a quality, feature, function, characteristic or purpose of the goods or services for which it is used. In re Bayer Aktiengesellschaft, 488 F.3d 960, 82 USPQ2d 1828, 1831 (Fed. Cir. 2007) (citing In re Gyulay, 820 F.2d 1216, 3 USPQ2d 1009 (Fed. Cir. 1987)); In re Abcor Dev. Corp., 588 F.2d 811, 200 USPQ 215, 217-18 (CCPA 1978). Whether a mark is merely descriptive is determined in relation to the goods or services for which registration is sought and the context in which the term is used or intended to be used, not in the abstract or on the basis of guesswork. Id.; In re Remacle, 66 USPQ2d 1222, 1224 (TTAB 2002). The record in this appeal overwhelmingly demonstrates that the term BAIL RUNNERS is merely descriptive, if not generic, for Applicant’s services. Indeed, the proposed mark is shown to be a term used to identify a profession of those involved in fugitive recovery services. Particularly, the Examining Attorney submitted the following definition from the New Jersey Rules of Court:3 3 Attached to Office Action issued on October 7, 2015. TSDR p. 7-8. Serial No. 86680142 - 3 - [a]ny person who works for a bail bond agent either as an employee or agent by assisting the bail bond agent in presenting a criminal defendant in court; in apprehending a criminal defendant or in keeping a defendant under surveillance. This definition was part of legislation introduced in the State of New Jersey assembly. The legislation is described as “requir[ing] bail runners to be licensed as private detectives” and authorizing requirements for “bail runners.” Clearly, “bail runner” is a known legal term for an occupation involving the apprehension of criminal defendants or, as it is described in the application, “fugitive recovery services.” The South Carolina Code of Laws contains a similar definition for the single term “runner”:4 (10) "Runner" means a person employed by a bail bondsman for the purpose of assisting the bail bondsman in presenting the defendant in court when required, assisting in the apprehension and surrender of the defendant to the court, keeping the defendant under necessary surveillance, and executing bonds on behalf of the licensed bondsman when the power of attorney has been recorded. "Runner" does not include an attorney or a law enforcement officer assisting a bondsman. Based on these definitions, Applicant's mark immediately conveys to consumers that Applicant offers fugitive recovery services and thus the mark is merely descriptive.5 In his brief, the Examining Attorney lists numerous examples of third- 4 Id. at p. 6. 5 We need not specifically address the identified “surveillance services” because a finding of descriptiveness with respect to any of the services identified in a single class will support affirmance of the refusal as to all of the services identified in that class. Cf. In re Swatch Grp. Mgmt. Servs. AG, 110 USPQ2d 1751, 1753 (TTAB 2014) ( “[A] descriptiveness refusal is proper with respect to all of the identified goods in an International Class if the mark is descriptive of any of the goods or services in that class.” [internal citations omitted]). Serial No. 86680142 - 4 - party use of the term “bail runner,” all of which are of record, and refer to fugitive recovery services. We see no point in repeating all of these uses in this decision, but note the following two website excerpts: What sets us apart, besides our low prices and experience, is that our staff of bail runners are actually on site at our bail bond offices 24 hours a day.6 At the time of this printing, four states—Illinois, Kentucky, Oregon, and Wisconsin—outlaw commercial bonding, public bail systems or bounty hunters. Three states—Florida, North Carolina, and South Carolina— have banned “freelance” bounty hunters, but allow “bail runners” who work for one bail agent at a time.7 On this record, we have no doubt that consumers viewing BAIL RUNNERS in the context of fugitive recovery services will immediately understand it as merely describing those services. Indeed, Applicant’s applied-for mark is actually the name of the profession for rendering fugitive recovery services. Decision: The descriptiveness refusal under Section 2(e)(1) of the Trademark Act is affirmed. 6 From the Gulf Coast Bail Bond Company website (www.galvestoncountybailbonds.com); attached to Office Action issued on January 9, 2016, TSDR p. 14. 7 From a “Modern Bounty Hunting A Real-Life Guide for the Bail Fugitive Recovery Agent” publication obtained from Amazon website (www.amazonaws.com); attached to Office Action issued on January 9, 2016, TSDR p. 16-17. Copy with citationCopy as parenthetical citation