Kässbohrer Geländefahr-zeug AG

Trademark Trial and Appeal Board

Sep 1, 2017

No. 86785738 (T.T.A.B. Sep. 1, 2017)

This Opinion is not a
Precedent of the TTAB

Mailed: September 1, 2017

UNITED STATES PATENT AND TRADEMARK OFFICE
_____

Trademark Trial and Appeal Board
_____

In re Kässbohrer Geländefahrzeug AG
_____

Serial No. 86785738
_____

Liane L. Churney of Flynn, Thiel, Boutell & Tanis, P.C.,
for Kässbohrer Geländefahrzeug AG.
Andrea D. Saunders, Trademark Examining Attorney, Law Office 117,
Hellen Bryan Johnson, Managing Attorney.
_____

Before Kuhlke, Ritchie, and Shaw,
Administrative Trademark Judges.

Opinion by Shaw, Administrative Trademark Judge:
Kässbohrer Geländefahrzeug AG (“Applicant”) seeks registration on the Principal
Register of the mark for:
Accessories for tracked vehicles for snow piste and funpark
design and maintenance, namely, snow plows, winches,
smoothing devices, snow grooming attachments and snow
pushers for attachment to vehicles, in International Class
7; and
Land vehicles, namely, tracked vehicles for snow piste and
funpark design and maintenance and parts therefor,
Serial No. 86785738
- 2 -
namely, replacement track cleats, in International Class
12.1
The description of the mark reads: “The mark consists of the words ‘PARK PRO’
appearing directly below the stylized word ‘pro.’” Color is not claimed as a feature of
the mark. Applicant has disclaimed term “PRO” apart from the mark as shown.
The Trademark Examining Attorney refused registration of Applicant’s mark
pursuant to Section 6(a), 15 U.S.C. § 1056(a), based on Applicant’s failure to comply
with a requirement to disclaim PARK PRO because it is merely descriptive of
Applicant’s goods within the meaning of Trademark Act Section 2(e)(1) and thus an
unregistrable component of the mark. 15 U.S.C. § 1052(e)(1).
When the refusal was made final, Applicant appealed. Applicant and the
Examining Attorney filed briefs. We affirm the requirement for a disclaimer.
Section 6(a) of the Trademark Act provides that “The Director may require the
applicant to disclaim an unregistrable component of a mark otherwise registrable.”
15 U.S.C. § 1056(a). See In re White Jasmine LLC, 106 USPQ2d 1385, 1394 (TTAB
2013) (citing In re Franklin Press, Inc., 597 F.2d 270, 201 USPQ 662, 665 (CCPA
1979)). If the Applicant does not comply with the disclaimer requirement, the
Examining Attorney may refuse registration of the entire mark. In re La. Fish Fry
Prods., Ltd., 797 F.3d 1332, 116 USPQ2d 1262 (Fed. Cir. 2015).

1 Application Serial No. 86785738, filed on October 13, 2015, based upon Applicant’s
allegation of a bona fide intention to use the mark in commerce under Section 1(b) of the
Trademark Act and under Section 44(e) of the Trademark Act 15 U.S.C. §§ 1051(b) and
1126(e), with a claim of priority under Section 44(d), based on European Community
Trademark Registration No. 014060925, filed May 13, 2015 and registered September 16,
2015.
Serial No. 86785738
- 3 -
Merely descriptive terms are subject to disclaimer if the mark in which they
appear is otherwise registrable. See, e.g., In re Omaha Nat’l Corp., 819 F.2d 1117, 2
USPQ2d 1859 (Fed. Cir. 1987); In re RiseSmart, Inc., 104 USPQ2d 1931, 1934 (TTAB
2012). A term is considered to be merely descriptive under Section 2(e)(1) of the
Trademark Act if it immediately conveys knowledge of a quality, feature, function, or
characteristic of the goods with which it is used. See In re Chamber of Commerce of
the U.S., 675 F.3d 1297, 102 USPQ2d 1217, 1219 (Fed. Cir. 2012); Mini Melts, Inc. v.
Reckitt Benckiser LLC, 118 USPQ2d 1464, 1478 (TTAB 2016).
Applicant manufactures “tracked vehicles for snow piste2 and funpark design and
maintenance,” as well as parts and accessories for the vehicles. A printout from
Applicant’s web page shows one of Applicant’s vehicles:
3
The Examining Attorney argues that
[T]he term PARK describes the specific use and nature of
the goods identified in the application, namely, that they

2 A “piste” is a “a downhill ski trail.” Https://www.merriam-webster.com/dictionary/piste.
3 Office Action of December 19, 2016, TSDR p. 8.
Serial No. 86785738
- 4 -
are for use in parks. Additionally, the term PRO describes
the professional grade or functions of the applicant’s goods.
Taken together both terms describe the high level goods for
specific use in amusement/fun parks.4
In support of the disclaimer requirement, the Examining Attorney points to
dictionary definitions of “park” as “a piece of ground in or near a city or town kept for
ornament and recreation” and “pro” as “relating to a job that requires special
education, training, or skill.”5
The Examining Attorney also points to excerpts from Applicant’s website, as well
as two news stories, which uses PARK and PRO (or professional) frequently in
discussing Applicant’s vehicles and their use in grooming ski resort terrain parks:
• “Parks have developed enormously over the last 20 years; they have become
an important market for the future. That’s why we presented the first
PistenBully adapted for parks back in 2000. Park designs are becoming ever
more extreme in the professional sector. In addition, increasing numbers of ski
resorts are offering adventure trails, funslopes and family parks to boost their
appeal to skiers and snowboarders and, thus, their own competitiveness. This
naturally has an impact on their requirements of the snow groomers: Parks
constitute a whole different set of tasks to the slopes. In collaboration with the
best park developers and shapers from the USA and Europe, we have created
a new machine that is precisely tailored to the needs and wishes of park
builders. We are proud to present the new 400 ParkPro [sic] to you today – the
professional tool for more creativity and perfection.”6 (emphasis added)
• “Creativity and perfection in the park.”7 (emphasis added)
• “BY PRO’S FOR PRO’S - Coverage, agility, precision, large action radius and
many park-specific features are important in the park. We have developed

4 Examining Attorney’s Br., p. 6; 7 TTABVUE 6.
5 Id. at 5; https://www.merriamwebster.com. The Board may take judicial notice of dictionary
definitions, Univ. of Notre Dame du Lac v. J.C. Gourmet Food Imp. Co., 213 USPQ 594 (TTAB
1982), aff’d, 703 F.2d 1372, 217 USPQ 505 (Fed. Cir. 1983), including online dictionaries that
exist in printed form or regular fixed editions. In re Red Bull GmbH, 78 USPQ2d 1375, 1377
(TTAB 2006).
6 Office Action of July 29, 2016, TSDR 2-3.
7 Id. at 3.
Serial No. 86785738
- 5 -
the ParkPro with drivers, shapers, park designers and riders.”8 (emphasis
added)
• “SWITCHBLADE CREATIVE PARK FEATURES - The second generation of
the SwitchBlade [snow grooming attachment] is an innovative tool for easier,
faster and more professional work in the park.”9 (emphasis added)
• “This powerful and versatile tool has been designed especially for snowpark-
building and makes a lot of tasks much easier.” (Http://www.funslopes.com)
(emphasis added).10
• “The innovative features and high performance of the ParkPro [sic] is setting
the benchmark and will greatly enhance our capabilities in terrain park
construction going forward.” (Http://www.publicnow.com) (emphasis added).11
Applicant argues, without any evidence, that “the term PARK PRO is not
descriptive because it “does not immediately tell something about the goods of the
present application. . . . ‘PARK PRO’ does not immediately tell a consumer about
tracked vehicles and accessories for tracked vehicles.”12 We disagree.
The internet excerpts made of record by the Examining Attorney establish that
the term “park” refers to groomed snow park areas used by skiers and snowboarders,
and that Applicant’s vehicles are used to groom and maintain these snow parks. This
meaning of “park” is consistent with the above dictionary definition of “park.”
Additionally, the internet excerpts establish that Applicant touts its vehicles as a
“professional tool,” developed “by pro’s for pro’s,” and with features allowing for “more
professional work in the park.” These uses of “pro” or “professional” are also
consistent with the above dictionary definition of “pro.” Taken together, PARK PRO

8 Id.
9 Id. at 7.
10 Office Action of December 19, 2016, TSDR 13-15.
11 Id. at 16-18.
12 Applicant’s Br., p. 3; 5 TTABVUE 4.
Serial No. 86785738
- 6 -
merely describes qualities or characteristics of a vehicle such as Applicant’s which is
“precisely tailored to the needs and wishes of park builders.”13 Thus, PARK PRO
“tells” prospective consumers that the goods are suited for snow park grooming and
maintenance and that they are suited for use by professional snow park operators.
For the forgoing reasons, we affirm the Examining Attorney’s requirement for
disclaimer of PARK PRO as to International Classes 7 and 12.
Decision: The refusal to register Applicant’s mark based on the requirement,
made under Trademark Act Section 6(a), for a disclaimer of PARK PRO, is affirmed.
However, if Applicant submits the required disclaimer of PARK PRO to the Board
within thirty days, this decision will be set aside. See Trademark Rule 2.142(g), 37
C.F.R. § 2.142.

13 Office Action of July 29, 2016, TSDR 2-3.