Camp Bow Wow Distribution, LLC

Trademark Trial and Appeal Board

Feb 6, 2013

No. 85138662 (T.T.A.B. Feb. 6, 2013)

THIS OPINION IS NOT A
PRECEDENT OF
THE T.T.A.B.

Mailed: February 6, 2013

UNITED STATES PATENT AND TRADEMARK OFFICE
________

Trademark Trial and Appeal Board
________

In re Camp Bow Wow Distribution, LLC
________

Serial No. 85138662
_______

Katherine Keating and Jill J. Chalmers of Bryan Cave LLP
for Camp Bow Wow Distribution, LLC.

Mark Shiner, Trademark Examining Attorney, Law Office 102
(Karen M. Stzyz, Managing Attorney).
_______

Before Cataldo, Wolfson and Gorowitz,
Administrative Trademark Judges.

Opinion by Cataldo, Administrative Trademark Judge:

Applicant, Camp Bow Wow Distribution, LLC, has applied
to register in standard characters on the Principal
Register the mark CAMPER CAMS for the following services,
as amended:
Remote monitoring of data indicative of the
health or condition of an individual or group of
individuals, namely, video monitoring of pets,
viewable through a global computer network and
mobile devices

in International Class 44; and
Ser. No. 85138662
2
Monitoring for security and safety purposes,
namely, video monitoring of pets, viewable
through a global computer network and mobile
devices

in International Class 45.1
The trademark examining attorney has refused
registration under Section 2(e)(1) of the Trademark Act on
the ground that applicant’s mark is merely descriptive of a
feature or quality of both classes of applicant’s services.
When the refusal was made final, applicant appealed.
Applicant and the examining attorney filed main briefs and
applicant filed a reply brief.
Issue on Appeal
As noted above, the issue on appeal in this case is
whether applicant’s mark, CAMPER CAMS, merely describes a
function, feature or characteristic of both classes of
services recited in the involved application.2

1 Application Serial No. 85138662 was filed on September 27,
2010, based on applicant’s assertion of June 30, 2001 as the date
of first use of the mark anywhere and in commerce in connection
with both classes of services. Applicant disclaimed “CAMS” in
response to the examining attorney’s refusal to register that is
the subject of this appeal.

2 We note that the examining attorney suggested amendment of the
application to seek registration on the Supplemental Register;
however, applicant did not pursue such an amendment and, as such,
the issue of the registrability of the applied-for mark on the
Supplemental Register is not before us.
We further note that the examining attorney did not suggest, and
applicant did not request, an amendment to seek registration
under Section 2(f) of the Trademark Act based upon a showing of
acquired distinctiveness. Accordingly, the issue of acquired
distinctiveness is not before us.
Ser. No. 85138662
3
The examining attorney maintains that the mark merely
describes a feature or quality of the services, namely,
that they provide video monitoring of pets. In support of
the refusal, the examining attorney has made of record the
following dictionary definitions:
“camp” – “a place, usually in the country, for
recreation or instruction often during the summer ; also a program offering access to
recreational or educational facilities for a limited period
of time;”3
“camper” – “one who camps;”4 and
“cam” – (abbreviation) “camera; especially: video
camera.”5
The examining attorney has also made of record
webpages from applicant’s website, which evidence
applicant’s own use of the terms “camp” to identify dog
boarding facilities and “camper” to identify dogs visiting
such facilities, e.g.:
Camp Bow Wow & Home Buddies
Camp Bow Wow® and Home Buddies by Camp Bow Wow®
are North America’s providers of premier doggy
day care and overnight Camps and premiere in home
pet care. …
… Unlike traditional kennels, our camp does not
charge extra for medication, meals, treats, web

3 Merriam-webster.com
4 Id.
5 Id.
Ser. No. 85138662
4
cams, walks, playtime or potty breaks. We offer
a one price guarantee for day camps and boarding.
All overnight campers receive dog day camp at no
additional charge. All campers are treated
equally and enjoy a tasty bedtime treat before
being tucked into their comfy, raised cot with
fleece blanket. Our 4’ x 4’ cabins are comfy and
cozy for all cuddly canines, our 4’ x 5’ cabins
are spacious enough for two, and our massive 5’ x
10’ cabins can comfortably house up to three
campers. …6

The examining attorney has further made of record
articles and advertisements retrieved from Internet
webpages, reflecting such use by third parties. Excerpts
from a representative sample of these webpages follow:
PetSmart Doggie Day Camp
PetSmart Doggie Day Camp is a superior
alternative to dog sitting. It’s a place for
your pooch to enjoy hours of play and exercise
when you can’t be there. Your best friend will
enjoy playing with our caring staff and other
friends who have been screened for group dog day
camp play. You’ll feel good because a day at dog
day camp is good for her, and when you pick her
up, her wagging tail will tell you she’s happy.
What’s more, a day at dog day camp is ideal for
helping her burn off extra energy. …7

Critter Camp of Iowa
No matter what size or breed of dog you have,
dogs love to camp at Critter Camp! We offer four
different areas for our dog campers. Based upon
their personality and temperament, we will assign
them to an area that best meets their needs. All
our campers are monitored throughout the day, we
pay particular attention to eating habits,
elimination habits, signs of stress or illness,
and that they are comfortable and having a good

6 Campbowwowusa.com (applicant’s website)
7 Petshotel.petsmart.com
Ser. No. 85138662
5
time. Each camper has a kennel card posted on
their kennel with their name, feeding
instructions, special needs, etc. For our
campers who eat our food, we feed NutriSource
Lamb and Rice Adult, a high quality dog food
twice a day. …8

Stout Kennels Doggie Camp
We are a small kennel so we know our campers by
name. You can leave your pet with confidence
that all his special needs will be attended to,
be it diet, medicines, or just that extra hug or
belly rub. All campers will be given a special
bedtime snack when they are tucked into our 24
hr. supervised sleeping area. …9

Sheba’s Doggy Day Camp
… Nestled on our 10-acre farm, Sheba’s Doggy Day
Camp values good old-fashioned fresh air, green
grass and room to run. We treasure the sight of
our campers interacting with other campers –
maybe for the first time – or learning what a
doggy pool is, or even playing a new game like
doggy soccer, or finally understanding the
concept of don’t eat the ball!
Doggy campers can also choose to enjoy the quaint
climate-controlled doggy cabin where they can
relax on comfy dog beds, listen to soothing
music, wrestle with a favorite friend or just
hang out. …10

It is well settled that a term is considered to be
merely descriptive of goods and/or services, within the
meaning of Section 2(e)(1) of the Trademark Act, if it
immediately describes an ingredient, quality, feature or
characteristic thereof or if it directly conveys

8 Crittercampiowa.com
9 Stoutkennels.com
10 Shebasdoggydaycamp.com

Ser. No. 85138662
6
information regarding the nature, function, purpose or use
of the goods and/or services. See Section 2(e)(1) of the
Trademark Act, 15 U.S.C. §1052. See also In re Abcor
Development Corp., 588 F.2d 811, 200 USPQ 215 (CCPA 1978).
It is not necessary that a term describe all of the
properties or functions of the goods and/or services in
order for it to be considered to be merely descriptive
thereof; rather, it is sufficient if the term describes a
significant attribute or feature about them. Moreover,
whether a term is merely descriptive is determined not in
the abstract, but in relation to the goods and/or services
for which registration is sought. See In re Bright-Crest,
Ltd., 204 USPQ 591 (TTAB 1979). Thus, “[w]hether consumers
could guess what the product is from consideration of the
mark alone is not the test.” In re American Greetings
Corp., 226 USPQ 365 (TTAB 1985).
In the instant case, the evidence made of record by
the examining attorney supports a finding that the term
“camp” is used to describe a type of boarding facility for
pets that emphasizes an open, camp-styled environment as
opposed to a more traditional confined kennel; and that
“camper” is used to describe pets, particularly dogs,
enrolled in such pet camps. As a result, we find that
CAMPER CAMS, as applied to applicant’s services, would
Ser. No. 85138662
7
immediately describe, without conjecture or speculation, a
significant characteristic or feature thereof, namely, that
they provide video monitoring by staff and owners of pets
enrolled in camp-style boarding facilities in order to
ensure their health or condition, security and safety.
The evidence made of record includes the above-
referenced dictionary definitions, which establish that
CAMPER CAMS merely describes video cameras used to monitor
campers. Further, evidence from applicant’s own website
confirms that applicant provides web cams to allow
monitoring of pets to determine their condition, health,
security and safety. As such, applicant’s own website,
including the screenshot submitted by applicant as a
specimen of record, supports a finding that CAMPER CAMS
merely describes a function or feature of the recited
services.
In addition, the Internet articles and advertisements
submitted by the examining attorney establish that the
services identified by applicant’s CAMPER CAMS mark are
used to monitor pets at its camp-styled boarding
facilities. Material obtained from the Internet is
acceptable in ex parte proceedings as evidence of potential
public exposure to a term. See In re Fitch IBCA, Inc., 64
USPQ2d 1058 (TTAB 2002).
Ser. No. 85138662
8
We note applicant’s argument that its mark only
suggests a characteristic of its services and otherwise is
a playful, incongruous combination of terms that does not
immediately describe its services. However, the evidence
of record indicates that it is not uncommon for pet
boarding facilities to refer to boarded pets as campers, in
much the same way as children enrolled in day or summer
camps are so identified. Thus, CAMPER CAMS immediately
describes, without mental pause, services that provide
video camera monitoring of boarded pets, or campers.
Further, we appreciate that individuals and families that
enroll their pets in boarding facilities, as well as
prospective clients, may take great comfort and
satisfaction in being able to observe and monitor the
activities of pets so enrolled. Nonetheless, CAMPER CAMS
merely describes the services that permit such video
monitoring.
We note in addition that even if applicant was the
first and/or the only user of the term CAMPER CAMS in
connection with its services, it is well settled that such
does not entitle applicant to the registration thereof
where, as here, the term has been shown to immediately
convey only a merely descriptive significance in the
context of applicant’s goods and services. See, e.g., In
Ser. No. 85138662
9
re National Shooting Sports Foundation, Inc., 219 USPQ
1018, 1020 (TTAB 1983); and In re Mark A. Gould, M.D., 173
USPQ 243, 245 (TTAB 1972).
Finally, we have considered the third-party
registration evidence submitted by applicant and the
examining attorney. These registrations, containing the
terms CAMP or CAMPER, with or without a disclaimer thereof,
cover a wide range of goods and services, most of which are
unrelated to the services involved in this application.
These registrations are not of assistance in determining
whether the mark CAMPER CAMS is merely descriptive,
particularly inasmuch as we do not know the reason for the
treatment of the term “CAMP” or “CAMPER” in each. In re
International Taste Inc., 53 USPQ2d 1604, 1606 (TTAB 2000)
(“With respect to third-party registrations which include
disclaimers...we do not have before us any information from
the registration files as to why an Examining Attorney
required and/or why the applicant/registrant offered such
disclaimers.”). See In re Nett Designs Inc., 236 F.3d
1339, 57 USPQ2d 1564, 1566 (Fed. Cir. 2001)(“Even if some
prior registrations had some characteristics similar to
[applicant’s] application, the PTO’s allowance of such
prior registrations does not bind the board or this
Ser. No. 85138662
10
court.”); and In re Scholastic Testing Service, Inc., 196
USPQ 517 (TTAB 1977).
Accordingly, based upon the evidence of record,
including any evidence not specifically discussed herein,
we find that applicant’s mark is merely descriptive as
contemplated by Section 2(e)(1) of the Act.
Decision: The refusal to register is affirmed.