Parsons Xtreme Golf, LLC

Trademark Trial and Appeal Board

Dec 17, 2018

No. 86701458 (T.T.A.B. Dec. 17, 2018)

This Opinion is Not a
Precedent of the TTAB

Mailed: December 17, 2018

UNITED STATES PATENT AND TRADEMARK OFFICE
_____

Trademark Trial and Appeal Board
_____

In re Parsons Xtreme Golf, LLC
_____

Serial Nos. 86666031, 86700421, 86701458, 86701787, 86702680, 86706223
_____

Douglas N. Masters and Melaina D. Jobs of Loeb & Loeb LLP,
for Parsons Xtreme Golf, LLC

April E. Reeves, Trademark Examining Attorney, Law Office 124,
Lydia Belzer, Managing Attorney.
_____

Before Cataldo, Lykos, and Lynch,
Administrative Trademark Judges.

Opinion by Lynch, Administrative Trademark Judge:
In six separate applications, Parsons Xtreme Golf, LLC (“Applicant”) seeks to
register on the Principal Register the mark PARSONS in standard characters for the
following goods and services:
• Serial No. 86666031: “Golf equipment, namely, golf clubs, golf bags, head
covers for golf clubs, golf club grips, golf club shafts, golf balls, golf gloves,
golf tees, golf ball markers, divot repair tools, and golf bag covers” in
International Class 28;1

1 Application Serial No. 86666031 was filed June 17, 2015 based on a declared intention to
use the mark in commerce under Section 1(b) of the Trademark Act, 15 U.S.C. §1051(b).
Serial Nos. 86666031, 86700421, 86701458, 86701787, 86702680, 86706223
- 2 -

• Serial No. 86700421: “Financial sponsorship of golf tournaments and golf
professionals participating in golf tournaments” in International Class 36;2
• Serial No. 86701458: “Drinking glasses; Mugs; Plastic water bottles sold
empty; Sports bottles sold empty; Waste paper baskets; Water bottles sold
empty” in International Class 21;3
• Serial No. 86701787: “Maintenance and/or repair of golf equipment,
namely, golf clubs; Providing information related to the installation,
maintenance and repair of golf equipment, namely, golf clubs” in
International Class 37;4
• Serial No. 86702680: “Hand tools, namely wrenches” in International Class
8;5 and
• Serial No. 86706223: “License plate frames; Sun blinds adapted for
automobiles; Sun shields and visors for motor cars” in International Class
12.6
The Board previously consolidated the six cases on appeal.7 Some of the cases had
been reassigned so that the same Examining Attorney would handle all six cases, and
the Board granted the Examining Attorney’s request for a remand “to provide
additional evidence and ensure consistency of the consolidated record.”8 In each case,
the Examining Attorney has finally refused registration on the ground that the

2 Application Serial No. 86700421 was filed July 21, 2015 based on a declared intention to
use the mark in commerce under Section 1(b) of the Trademark Act, 15 U.S.C. §1051(b).
3 Application Serial No. 86701458 was filed July 22, 2015 based on a declared intention to
use the mark in commerce under Section 1(b) of the Trademark Act, 15 U.S.C. §1051(b).
4 Application Serial No. 86701787 was filed July 22, 2015 based on a declared intention to
use the mark in commerce under Section 1(b) of the Trademark Act, 15 U.S.C. §1051(b).
5 Application Serial No. 86702680 was filed July 23, 2015 based on a declared intention to
use the mark in commerce under Section 1(b) of the Trademark Act, 15 U.S.C. §1051(b).
6 Application Serial No. 86706223 was filed July 27, 2015 based on a declared intention to
use the mark in commerce under Section 1(b) of the Trademark Act, 15 U.S.C. §1051(b).
7 10 TTABVUE 2. Citations are to the TTABVUE and TSDR records for the parent case,
Serial No. 86666031.
8 9 TTABVUE 3 (Examining Attorney’s Motion for Remand); 10 TTABVUE 2 (Board order).
Serial Nos. 86666031, 86700421, 86701458, 86701787, 86702680, 86706223
- 3 -

proposed mark is primarily merely a surname under Section 2(e)(4), 15 U.S.C.
§ 1052(e)(4).
Under that section of the Trademark Act, “No trademark by which the goods of
the applicant may be distinguished from the goods [or services] of others shall be
refused registration on the principal register on account of its nature unless it … (e)
Consists of a mark which… (4) is primarily merely a surname ....” Id. A term is
primarily merely a surname if, as viewed in relation to the goods or services for which
registration is sought, its primary significance to the purchasing public is that of a
surname. Earnhardt v. Kerry Earnhardt, Inc., 864 F.3d 1374, 123 USPQ2d 1411,
1413 (Fed. Cir. 2017); In re Beds & Bars Ltd., 122 USPQ2d 1546, 1548 (TTAB 2017)
(citing In re Etablissements Darty et Fils, 759 F.2d 15, 225 USPQ 652, 653 (Fed. Cir.
1985)).
Whether the primary significance of a term is merely that of a surname is a
question of fact that must be resolved on a case-by-case basis, considering the record
as a whole. In re Olin Corp., 124 USPQ2d 1327, 1330 (TTAB 2017); Azeka Bldg. Corp.
v. Azeka, 122 USPQ2d 1477, 1480 (TTAB 2017). Probative considerations include: the
extent to which the term is exposed to the public as a surname; whether the term is
the surname of anyone connected with the applicant; whether there is contextual use
related to surname significance; whether the term has any recognized meaning other
than as a surname; and whether the term has the structure and pronunciation of a
surname. Olin Corp., 124 USPQ2d at 1330; Beds & Bars, 122 USPQ2d at 1548.
“These considerations are not exclusive, and any of these circumstances singly or in
Serial Nos. 86666031, 86700421, 86701458, 86701787, 86702680, 86706223
- 4 -

combination and any other relevant facts may shape the analysis in a particular
case.” Olin Corp., 124 USPQ2d at 1330.
A. PARSONS Is Not a Rare Surname
We first consider the frequency of, and public exposure to, the term PARSONS as
a surname. See Darty, 225 USPQ at 653. Even a rare surname may be held primarily
merely a surname if its primary significance to purchasers is that of a surname. “The
relevant question is not simply how frequently a surname appears, however, but
whether the purchasing public for Applicant’s services [and goods] is more likely to
perceive Applicant’s proposed mark as a surname rather than as anything else.” Beds
& Bars, Ltd., 122 USPQ2d at 1551.
Relevant evidence introduced by the Examining Attorney includes the following:
• A LexisNexis public records search for the surname PARSONS that
returned 106,689 results. The first 500 results were made of record and
include addresses that span the U.S.9
• Results of a search of 411.com finding 91,946 exact matches for
PARSONS.10
• Whitepages.com reports that 76,915 people in the U.S. have the last
name PARSONS.11
• Articles from major U.S. newspapers and media outlets referring to
people with the surname PARSONS, including USA Today, The New
York Times, The Dallas Morning News, The Chicago Tribune,12 The Los
Angeles Times, The Detroit Free Press, The Oregonian, The Boston
Globe, The Buffalo News, The Cincinnati Enquirer, The Indianapolis
Star, The Sun-Sentinel, The Hartford Courant, Newsday, The Plain

9 May 5, 2017 Office Action at 6-26.
10 Id. at 44.
11 Id. at 66.
12 Id. at 29, 32, 35-36.
Serial Nos. 86666031, 86700421, 86701458, 86701787, 86702680, 86706223
- 5 -

Dealer, and The Baltimore Sun.13 The individuals mentioned in the
articles include professional athletes (such as NHL player Tyler
Parsons) and entertainment personalities (such as TV actor Jim Parsons
who stars as Sheldon on “The Big Bang Theory,” Gram Parsons of the
Byrds and Flying Burrito Brothers, Broadway director Estelle Parsons,
TV actress Karyn Parsons of “The Fresh Prince of Bel Air”) as well as
more ordinary people.
• Wikipedia lists nearly 80 “[n]otable people with the surname of
Parsons,” including Applicant’s founder who is identified as an
entrepreneur. Other notables include Estelle Parsons, identified as an
Academy Award-winning actress, and musician and musical producer
Alan Parsons (of the band The Alan Parsons Project).14
Applicant contends that the LexisNexis results “are incomplete and inaccurate as
duplicates exist,” having pointed out a handful of duplications and noting that
without the entire search results, it is not possible to assess the breadth of
duplication. While we “agree that the probative value of the Lexis listings is limited
for the reasons stated by Applicant,” In re Eximius Coffee, LLC, 120 USPQ2d 1276,
1280 (TTAB 2016), we nonetheless accord the evidence some probative value because
a degree of duplication is to be expected in this type of data compilation, and does not
merit discounting the compilation altogether. As the Examining Attorney suggests,
we bear in mind the practicalities of the somewhat limited resources available to
USPTO examining attorneys in assessing the record. See, e.g., In re Pacer Tech., 338
F.3d 1348, 67 USPQ2d 1629, 1632 (Fed. Cir. 2003). Applicant further questions
whether the LexisNexis, Whitepages.com, and 411.com evidence is overlapping and
may contain duplications.15 Again, while we take account of the probability of some

13 May 31, 2016 Office Action at 7-24.
14 Id. at 35-38 (Wikipedia.org).
15 19 TTABVUE 11 (Applicant’s Brief).
Serial Nos. 86666031, 86700421, 86701458, 86701787, 86702680, 86706223
- 6 -

overlap, the evidence still provides a rough sense of the frequency of the name, and
can be compared to evidentiary showings from the same or similar sources in other
surname cases by the Board, as discussed below.
Applicant introduced the U.S. Census Bureau “U.S. and World Population Clock”
showing the U.S. Population16 and compares the total number of people in the U.S.
to the number of people bearing the PARSONS surname to argue that the percentage
is extremely small.17 However, such a comparison with even the most common
surname would represent only a small fraction of the U.S. population, so we do not
find this argument convincing.
Recent Board precedent shows a determination that a surname was not rare even
with an evidentiary showing much less substantial than the Examining Attorney’s in
this case. In Olin Corp., where the public records search returned only 7,552 hits and
the 411.com matches were only 100, the Board relied on that and other evidence
comparable to the record in this case to conclude that “OLIN is not rarely encountered
as a surname, and therefore it is likely to be perceived by the public as having
surname significance.” Olin Corp., 124 USPQ2d at 1311. The numbers from the
public records database and 411.com are far greater in this case.
In addition, Applicant offers no specific criticism of the newspaper and media
articles. They “are the type of evidence that can be probative and aid analysis because
they show public exposure to [PARSONS] used as a surname.” Eximius Coffee, LLC,

16 May 6, 2016 Response to Office Action at 14 (census.gov).
17 19 TTABVUE 11 (Applicant’s Brief).
Serial Nos. 86666031, 86700421, 86701458, 86701787, 86702680, 86706223
- 7 -

120 USPQ2d at 1281; see also In re Gregory, 70 USPQ2d 1792, 1795 (TTAB 2004)
(ROGAN primarily merely a surname based in part on broad exposure of public to
politician, athletes, actor and author with this surname). The widespread appearance
of the surname in mainstream media, as well as indications that well-known
celebrities bear the surname, contribute to public perception of PARSONS as a
surname.
Based on this evidence, we find that PARSONS is not rarely encountered as a
surname, and therefore it is likely to be perceived by the public as having surname
significance.
B. PARSONS Is the Surname of Applicant’s Founder and Applicant’s
Website Shows Contextual Use as a Surname
Applicant’s founder, Bob Parsons, bears the surname, and Applicant publicizes
the connection. The Examining Attorney submitted Applicant’s website showing a
prominent photo of Mr. Parsons with text underneath stating, “Parsons Xtreme Golf
(PXG) was founded in September of 2014 by well-known businessman, philanthropist
and golf nut Bob Parsons.”18 Applicant’s webpages provide extensive biographical
information on “Our Founder,” and repeatedly refer to Mr. Parsons by name, such as
“Bob Parsons, best known as the founder of GoDaddy,” “Bob Parsons is a U.S. Marine
Corps Vietnam veteran,” and “PPXG was born out of Parsons’ desire to make the
world’s best golf equipment.”19

18 November 6, 2015 Office Action at 26 (pxg.com).
19 Id.
Serial Nos. 86666031, 86700421, 86701458, 86701787, 86702680, 86706223
- 8 -

Excerpts from Applicant’s webpages appear below: 20

20 Id.
Serial Nos. 86666031, 86700421, 86701458, 86701787, 86702680, 86706223
- 9 -

Promotional materials touting a founder whose surname is the mark support
public perception of the mark primarily as a surname. Olin Corp., 124 USPQ2d at
1332 (citing In re Adlon Brand GmbH & Co. KG, 120 USPQ2d 1717, 1722 (TTAB
Serial Nos. 86666031, 86700421, 86701458, 86701787, 86702680, 86706223
- 10 -

2016) (finding evidence clearly indicated “that the hotel was named ADLON because
that was the surname of its founder, and was subsequently held out as a family
operation. It is interlaced with references to persons bearing the surname ADLON
who were involved in founding, managing, or promoting the hotel.”)); see also In re
Integrated Embedded, 120 USPQ2d 1504, 1506-07 (TTAB 2016) (applicant’s website
showing, discussing the credentials of, and enabling visitors to contact, applicant’s
“Namesake” and Chief Technical Officer Thomas Barr serve to reinforce the primary
significance of BARR as a surname in the proposed mark BARR GROUP). The
evidence emphasizes to the public Mr. Parsons’ connection to Applicant, and weighs
in favor of public perception of Applicant’s mark as a surname.
C. PARSONS Has a Recognized Meaning Other Than as a Surname but
the Meaning Is Not Applicable in the Context of Applicant’s Goods and
Services
Applicant posits that because “parsons” can be defined as members of the clergy,
the non-surname significance undercuts a claim that the proposed mark is primarily
merely a surname. While dictionary definitions of “Parsons” define it as a
“biographical name” for Talcott Parsons and William Parsons,21 “parson” in the
singular can be defined as “a member of the clergy, especially a Protestant minister;
pastor; rector.”22 Although the Examining Attorney contends that “parson” may be a
somewhat antiquated term, Applicant argues that the reference to “Parson Brown”

21 May 31, 2016 Office Action at 26 (merriam-webster.com); see also id. at 29 (dictionary.com).
22 May 31, 2016 Office Action at 29 (dictionary.com).
Serial Nos. 86666031, 86700421, 86701458, 86701787, 86702680, 86706223
- 11 -

in the lyrics of the popular Christmas song “Winter Wonderland”23 makes the non-
surname significance of “parson” more familiar to consumers.24 The Examining
Attorney counters that the surname meaning is by far more familiar to consumers,
pointing to the previously discussed evidence of surname use of PARSONS in the
media.
We have considered, but do not find persuasive, the arguments from both the
Examining Attorney and Applicant arising from the percentages of Americans who
are Christians, who attend church regularly, or who celebrate Christmas, as we lack
evidence to correlate this with familiarity with the term PARSONS.25
The evidence establishes that there is a non-surname meaning of PARSONS, but
mere existence of other non-surname meanings of a mark does not preclude a finding
that it is primarily merely a surname. Rather, we consider to what degree, if any, the
public would associate the particular meaning with the goods or services in the
application. See Mitchell Miller, PC v. Miller, 105 USPQ2d 1615, 1621 (TTAB 2013)
(“the record is devoid of evidence that the non-surname meanings of MILLER, i.e., a
mill operator or a moth, are the primary significance thereof or somehow eclipse its
surname significance” in connection with legal services). Applicant’s golf-related
goods and services and other promotional items do not relate in any way to the clergy,

23 Applicant introduced a Wikipedia article on “Christmas Music” stating that the American
Society of Composers, Authors and Publishers in 2006 ranked “Winter Wonderland” the third
most-performed holiday song written by one of its members. November 30, 2016 Request for
Reconsideration at 29-30.
24 November 30, 2016 Request for Reconsideration at 22-23 (Wikipedia.org article on “Winter
Wonderland”); id. at 46 (lyrics).
25 November 30, 2016 Request for Reconsideration at 17-20 (pewresearch.org).
Serial Nos. 86666031, 86700421, 86701458, 86701787, 86702680, 86706223
- 12 -

and Applicant offers no reason why a consumer would associate that meaning of
PARSONS with its mark, rather than the surname meaning. Particularly given
Applicant’s own extensive promotion of PARSONS as the surname of its founder, we
find that the consumers would apply the surname meaning to Applicant’s mark.
D. Whether PARSONS Has the Structure and Pronunciation of a Surname
Next, we determine whether PARSONS has the structure and pronunciation of a
surname. “Under this factor, a party may submit evidence that, due to a term’s
structure and pronunciation, the public would or would not perceive it to have
surname significance.” Azeka Bldg. Corp., 122 USPQ2d at 1481. Typically, such
evidentiary showing would involve proof of other common surnames that are
configured similarly and sound similar to the mark. See Eximius Coffee, 120 USPQ2d
at 1280 (would need proof that other terms with the suffix “OA” are common
surnames to show a structure and pronunciation similar to ALDECOA); Adlon
Brand, 120 USPQ2d at 1724 (“With the possible exception of Ablon and Allon, which
differ from ADLON by one letter, the surnames cited are not highly similar in
structure to ADLON”). The Examining Attorney, however, has offered an
unconventional argument here, that PARSONS has “the structure and pronunciation
of an English occupational surname.”26 In support of this assertion, she submitted
online entries for PARSONS from Ancestry.com,27 Behindthename.com,28

26 21 TTABVUE 6 (Examining Attorney’s Brief).
27 May 31, 2016 Office Action at 40-41.
28 Id. at 39.
Serial Nos. 86666031, 86700421, 86701458, 86701787, 86702680, 86706223
- 13 -

Wikipedia.org,29 and Wiktionary.org, all of which identify PARSONS as a surname
that derived from historical use as a surname for relatives or servants of a clergyman
– a “parson.” According to an online article on “The Origins of Some English Last
Names,” [m]any surnames are taken from jobs,” such as “Smith, Potter, Cooper,
Mason, Tailor or Taylor, Spinner, Weaver…. The surname Parsons was given to a
parson’s servant.”30 The other examples of English occupational surnames are not
structurally or phonetically similar to PARSONS. While the Examining Attorney’s
evidence may generally show additional consumer exposure to PARSONS as a
surname due to its identification as such in these various online resources, it is not
because of any similar pronunciation with or structural similarity to other common
surnames.
E. Other Registrations
Applicant argues that third-party registrations for various goods and services
“support the conclusion that the term ‘parsons’ functions as a trademark and is not
primarily merely a surname.”31 In support thereof, Applicant submitted TESS
printouts of two registrations for PARSON’S, three for PARSONS, and two for
PARSONS’.32 The records of those third-party registrations are not of record in our
case, so we are not privy to the evidence in those cases. Particularly at least the

29 Id. at 35.
30 May 5, 2017 Office Action at 56-57 (localhistories.org).
31 19 TTABVUE 12 (Applicant’s Brief).
32 November 1, 2017 Response to Office Action at 12-24.
Serial Nos. 86666031, 86700421, 86701458, 86701787, 86702680, 86706223
- 14 -

factors of contextual use and whether someone connected with the applicant bears
the surname depend on the applicant and its use. In addition, each application must
stand on its own record and be assessed on a case-by-case basis. See In re Nett
Designs, 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 court.”).
F. Conclusion
We find that the record, taken as a whole, establishes that the primary
significance of PARSONS to the purchasing public is merely that of a surname within
the meaning of Section 2(e)(4).
Decision: The refusals to register Applicant’s mark under Section 2(e)(4) of
the Act are affirmed.