Christopher E. Falls

Trademark Trial and Appeal Board

Mar 28, 2013

No. 85104958 (T.T.A.B. Mar. 28, 2013)

THIS OPINION IS NOT A
PRECEDENT OF THE TTAB

Mailed: March 28, 2013

UNITED STATES PATENT AND TRADEMARK OFFICE
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Trademark Trial and Appeal Board
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In re Christopher E. Falls
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Serial No. 85104958
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Christopher E. Falls, pro se.

Kaelie E. Kung, Trademark Examining Attorney, Law Office 103 (Michael
Hamilton, Managing Attorney)
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Before Holtzman, Shaw, and Masiello, Administrative Trademark Judges.

Opinion by Shaw, Administrative Trademark Judge:
Applicant, Christopher E. Falls filed an application to register on the
Principal Register the mark THE GIMME STICK1 in standard characters for goods
identified as: “Golf putting aids, namely, a golf accessory in the nature of a flat
plastic foldable device with racheting hinge bearing indicia related to determining a
gimme putt” in International Class 28.
Registration has been refused under Section 2(e)(1) of the Trademark Act, 15
U.S.C. § 1052(e)(1), on the ground that applicant’s mark is merely descriptive of the

1 Application Serial No. 85104958 , filed on August 11, 2010, based on a bona fide intent to
use the mark under Section 1(b) of the Trademark Act, 15 U.S.C. § 1051(b).

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goods. When the refusal was made final, applicant filed this appeal and requested
reconsideration. Upon reconsideration, the examining attorney maintained the
refusal to register. Applicant and the examining attorney thereupon filed their
briefs.
Refusal under Section 2(e)(1)
The test for determining whether a mark is merely descriptive is whether it
immediately conveys information concerning a significant quality, characteristic,
function, ingredient, attribute or feature of the product or service in connection with
which it is used, or intended to be used. See, e.g., In re Chamber of Commerce of the
U.S., 675 F.3d 1297, 102 USPQ2d 1217, 1219 (Fed. Cir. 2012); In re Gyulay, 820
F.2d 1216, 3 USPQ2d 1009 (Fed. Cir. 1987). It is not necessary, in order to find a
mark merely descriptive, that the mark describe each feature of the goods or
services, only that it describe a single, significant ingredient, quality, characteristic,
function, feature, purpose or use of the goods or services. In re Gyulay, 3 USPQ2d
at 1009-10. Whether a term is merely descriptive is determined not in the abstract,
but in relation to the goods or services for which registration is sought, the context
in which it is being used on or in connection with the goods or services, and the
possible significance that the term would have to the average purchaser of the goods
or services because of the manner of its use; that a term may have other meanings
in different contexts is not controlling. In re Bright-Crest, Ltd., 204 USPQ 591
(TTAB 1979).
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Beginning with an excerpt from a glossary of golf terms and a dictionary
definition, the examining attorney has shown that, in the field of golf, the term
GIMME means “a putt that is short enough in length to be certain to be holed with
the next shot” and the term STICK means “a long often cylindrical piece of wood or
other material used for a particular purpose” or a “short thin thing: a short slender
part or piece.”2 The examining attorney argues that “[w]hen the descriptive
wording STICK is combined with the descriptive wording GIMME, the combination
of the descriptive terms forms a mark that is descriptive of the identified goods.”3
The additional evidence placed in the record by the examining attorney
supports this descriptive meaning:
• A blog entry authored by Tim White at farmprogress.com which discusses the
use of a gimme stick in charity golf event as follows:
Thanks to our “gimme stick,” a tool I’ve never seen put to use at any
other golfing event, our team is doing great. The “gimme stick” is
about 2 feet long and any putt that comes to rest within its reach is
considered to be in the hole. Putting or chipping into a hole 4 feet in
diameter is not too tough. Kathy is enjoying this. On a par 3 Vonn
hits his shot of the day to about 6 inches and we mark down an
eagle “1” for the hole.
• An article authored by David Jay Lumpkin at golfsuite.com which discusses
some of the pros and cons of using “gimmes” in golf, saying, in part:
What a strange phenomena this “gimme putt” business is. . . . Let’s
start with the name “gimme.” . . . A gimme putt is a putt you can’t
miss, right? . . . Some like to play that a putt is good if it is in the
leather. What is that? First of all probably no one in your
foursome has any leather on their putter. And doesn’t “in the
leather” sound like it should be the length of the leather grip, not
the length from the putter head to the bottom of the grip? At what

2 Definition from the Glossary of Golf Terms and Phrases available at pgaprofessional.com
submitted with the Office action of July 15, 2011. Definition from Encarta available at
encarta.msn.com submitted with the Office action of December 5, 2010.
3 Examining attorney’s brief at 9.
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point do you measure from? I’ve seen the putter head put in the
hole, I’ve also seen it set just outside the hole. I’ve seen it waived
over the hole for a millisecond from two feet above the ball so quick
that I don’t think even instant replay could get an accurate
measurement! . . . What is it about golfers that they don’t think
they have to finish the hole? . . . Make them putt it!
• A retail web site called coursigns.com offers a product called GIMME
PUTTING GREEN MARKERS and describes them as a “Fiberglass Gimme
stick 1/2” thick with a cast aluminum head.”
• An excerpt from the website of a company called Comuniquest at
comuniquest.com discussing the use of a “custom wooden yardstick”
developed for charity golf tournaments and comparing the product to a
gimme stick:
Comuniquest has been involved . . . in helping launch the first
annual Miracle Open, a “unique” golf tournament. . . . Comuniquest
developed a custom wooden yardstick [The Miracle Stick] for the
golf tournament that has raised thousands of dollars for the event
[in] the past several years and helped make the tournament a
smashing success. The Miracle Stick is better than a “gimme
stick”. If the ball lands within the distance of the stick to the hole
(3 feet) the team could use one of their purchased sticks to treat
their previous shot as if it was a “Miracle Shot” and the ball went in
the hole.
• An interview with actor Bill Paxton at thegolfchannel.com describing his
experience working on golf courses in his youth:
I grew up next to Shady Oaks in Fort Worth. It was practically my
back yard. . . . As a kid, I was what they called a greenie there. I
worked at Hogan’s private tournament. I’d sit on the green, tend
the flag and I’d have this gimme stick. If the putt was close
enough, it was a gimme.
• Rules for a golf tournament from floodmemorial.org describing the play of a
two person “scramble” with the following language:
We will use a 24 inch gimme stick to keep play moving. On the
putting green, after choosing your best ball, place your ball within
one putter head length, no closer to the hole. If both putt and one of
the putts is inside the 24 inch stick, pick it up and move on.
• A news article about the Montana State College of Business annual golf
tournament at blog.montana.edu stating the entry fee “includes lunch, an
entry prize, two mulligans, a Gimme Stick, the awards ceremony with tasty
hors d’oeuvres, a silent auction and great team and individual prizes.”
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• Rules for a charity golf tournament identified as the 7th Annual Picture of
Hope Golf Outing at alternativesdv.org and describing the play of a
“scramble” with the following language:
There will be a “Mystery” team prize- must have a gimme stick to
be eligible. “GIMME” sticks are available for a $20.00 donation per
team. Just like in the past, each team having these will be able to
use 36” worth of gimmies. For example if you miss a putt for a
birdie, and the best is 6 inches away from the cup, then you can
mark off 6” from the stick. The putt is considered good (birdie), and
you have 30” inch [sic] left.
These internet sources are consistent with the glossary and dictionary
meanings for GIMME and STICK and demonstrate that the term GIMME STICK
has a recognized meaning in the field of golf. GIMME STICK merely describes a
measuring device used to determine whether a golf ball is sufficiently close to the
cup so as to give the player the benefit of the doubt that he or she can get the ball
into the cup in one shot without the need of actually taking the shot. i.e., a gimme.
In some instances related to charity tournaments these excerpts also demonstrate
that a player can use a GIMME STICK to consider the ball as being in the cup
without the need to record the stroke normally needed to sink the putt. In either
case, the purpose of a GIMME STICK is to speed up play by not requiring the
player to actually sink the ball once it is in close proximity to the cup as defined by
the length of the particular GIMME STICK. These are precisely the goods for
which applicant seeks registration: “Golf putting aids, namely, a golf accessory . . .
bearing indicia related to determining a gimme putt.”
Applicant argues that the examining attorney’s evidence is insufficient to
support the refusal to register. We disagree. The examining attorney has included
dictionary definitions and glossary excerpts as well as eight internet stories or web
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pages showing use of the term GIMME STICK by third parties. This evidence is
competent to show public understanding of the term GIMME STICK, especially in
the absence of any relevant evidence from applicant on the meaning of the term.
“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.’” In re Bayer Aktiengesellschaft, 488 F.3d 960, 82 USPQ2d 1828, 1831
(Fed. Cir. 2007).
Applicant also argues that his mark, THE GIMME STICK, is not descriptive
because his product seeks to take the subjectivity out of gimme determinations and
“do away with gimmes as golfers know them” by “standardizing short putt
concessions.”4 Further, “Applicant seeks to employ an ironic undertone that is
fundamental to its meaning– that there should be no subjective gratuitous gesture,
a “Gimme”, when it comes to conceding short putts in the game of golf.”5 But this is
a distinction without a difference. Once players decide to use “gimmes” in their
play, any “subjective gratuity” is not material to how they determine whether to
grant a gimme to a particular player. The golfer is still being given a “gimme” by
the other players and any measure of a gimme will suffice.
In any event, applicant’s goods are broadly described, in part, as “a golf
accessory . . . bearing indicia related to determining a gimme putt.” It is well-
settled that mere descriptiveness is determined in relation to the goods or services
for which registration is sought. In re Abcor Development Corp., 588 F.2d 811, 200

4 Applicant’s Br. at 6.
5 Id. at 5.
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USPQ 215, 218 (CCPA 1978); In re Remacle, 66 USPQ2d 1222, 1224 (TTAB 2002).
The public understanding of a gimme stick as described in the evidence of record
certainly would include any stick-like device used to determine a gimme, including
goods such as those of applicant.
Finally, applicant argues that his device does not fall within the meaning of a
“stick” because it is a “flat foldable device with racheting hinge.”6 The fact that
applicant’s device is plastic and foldable does not diminish the descriptive meaning
of applicant’s mark. The definition of the term stick is not limited to “cylindrical
pole[s]”7 as applicant suggests. Rather, the term “stick” as defined by the Encarta
definition includes any “specially shaped piece of wood: a long often cylindrical piece
of wood or other material used for a particular purpose” or a “short thin thing: a
short slender part or piece.”8 Either of these definitions encompasses applicant’s
device.
For the reasons set forth above, we find that the examining attorney has met
her evidentiary burden of showing that applicant’s mark is merely descriptive of
applicant’s goods, as identified in the application, within the meaning of Section
2(e)(1).
Decision: The refusal under Section 2(e)(1) is affirmed.

6 Id.
7 Id.
8 Office action dated December 5, 2010.