The Travel Chronicle

Trademark Trial and Appeal Board

Sep 2, 2014

No. 85368593 (T.T.A.B. Sep. 2, 2014)

This Opinion is Not a
Precedent of the TTAB

Mailed: September 2, 2014

UNITED STATES PATENT AND TRADEMARK OFFICE
_____

Trademark Trial and Appeal Board
_____

In re The Travel Chronicle
_____

Serial No. 85368593
_____

Jeffrey Evans, pro se.1

Khanh M. Le, Trademark Examining Attorney, Law Office 116,
Michael W. Baird, Managing Attorney.
_____

Before Kuhlke, Cataldo and Taylor,
Administrative Trademark Judges.

Opinion by Kuhlke, Administrative Trademark Judge:
The Travel Chronicle (“Applicant”) seeks registration on the Principal Register
of the mark THE TRAVEL CHRONICLE (in standard characters) for “art prints
comprised of digital illustrations originating from photographs,” in International
Class 16, and “providing a web site featuring travel information and commentary,”
in International Class 39.2

1 The Travel Chronicle is a sole proprietorship composed of Jeffrey Evans.
2 Application Serial No. 85368593 was filed on July 12, 2011, based upon Applicant’s claim
of first use anywhere on May 26, 2009 and use in commerce on August 31, 2010.
Serial No. 85368593
- 2 -

The Trademark Examining Attorney has refused registration of Applicant’s
mark on the ground that THE TRAVEL CHRONICLE is merely descriptive of
Applicant’s goods and services under Section 2(e)(1) of the Trademark Act, 15
U.S.C. § 1052(e)(1).
When the refusal was made final, Applicant appealed and requested
reconsideration. After the Examining Attorney denied the request for
reconsideration, the appeal was resumed. We affirm the refusal to register.
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) (internal citations
omitted). See also In re Oppedahl & Larson LLP, 373 F.3d 1171, 71 USPQ2d 1370,
1371 (Fed. Cir. 2004), quoting, Estate of P.D. Beckwith, Inc. v. Commissioner, 252
U.S. 538, 543 (1920) (“A mark is merely descriptive if it ‘consist[s] merely of words
descriptive of the qualities, ingredients or characteristics of’ the goods or services
related to the mark.”) The determination of whether a mark is merely descriptive
must be made in relation to the goods or services for which registration is sought.
Chamber of Commerce of the U.S., 102 USPQ2d at 1219. 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. Chamber of
Serial No. 85368593
- 3 -

Commerce of the U.S., 102 USPQ2d at 1219; In re Gyulay, 820 F.2d 1216, 3 USPQ2d
1009 (Fed. Cir. 1987).
Where a mark consists of multiple words, the mere combination of descriptive
words does not necessarily create a nondescriptive word or phrase. In re Phoseon
Tech., Inc., 103 UPQ2d 1822, 1823 (TTAB 2012); and In re Associated Theatre Clubs
Co., 9 USPQ2d 1660, 1662 (TTAB 1988). If each component retains its merely
descriptive significance in relation to the goods or services, the combination results
in a composite that is itself merely descriptive. Oppedahl & Larson LLP, 71
USPQ2d at 1371. However, a mark comprising a combination of merely descriptive
components is registrable if the combination of terms creates a unitary mark with a
unique, nondescriptive meaning, or if the composite has a bizarre or incongruous
meaning as applied to the goods or services. See In re Colonial Stores Inc., 394 F.2d
549, 157 USPQ 382 (CCPA 1968); In re Shutts, 217 USPQ 363 (TTAB 1983).
Relying on the dictionary definitions of the word “chronicle” as “a narrative”3
and the word “travel” as “a journey especially to a distant or unfamiliar place: tour,
trip – often used in plural,”4 the Examining Attorney contends that the proposed
mark THE TRAVEL CHRONICLE merely describes the subject matter of its
website featuring travel information and commentary and the manner in which it is
provided, namely an online account or story of travel experiences. The Examining

3 www.merriam-webster.com, attached to December 19, 2012 Office Action.
4 www.merriam-webster.com, attached to June 24, 2013 Office Action.
Serial No. 85368593
- 4 -

Attorney points to excerpts from Applicant’s website5 wherein Applicant writes
about various travel experiences as shown below:

As the website makes clear at the top of each page “The Yellowstone Travel
Chronicle describes one of the many travel adventures in - The Travel Chronicle”

5 Attached to June 24, 2013 Office Action.
Serial No. 85368593
- 5 -

and “The Galapagos Travel Chronicle describes one of the many travel adventures
in – The Travel Chronicle.”
With regard to the “art prints comprised of digital illustrations originating from
photographs,” the Examining Attorney attached excerpts of online articles wherein
the wording “travel photos” describes photographs taken during journeys and
printouts from websites wherein photographs are used as photographic chronicles of
travel, shown below:
6
7
8
Applicant argues that the synonomous relationship between words, specifically
“chronicle” and “narrative,” does not mean they have the same meaning, relying on
the definition of the word “synonym” from the OXFORD ENGLISH DICTIONARY (OED):9

6 weekendsportfishermen.blogspot.com attached to June 24, 2013 Office Action.
7 jeremyluchalibre.blogsot.com attached to June 24, 2013 Office Action.
8 transienttravels.com attached to June 24, 2013 Office Action.
9 OED Second Edition on CD-ROM (v.4.0.03) attached to December 22, 2013 Response.
Serial No. 85368593
- 6 -

1. Strictly, a word having the same sense as another (in
the same language); but more usually, either or any of
two or more words (in the same language) having the
same general sense, but possessing each of them
meanings which are not shared by the other or others or
having different shades of meaning or implications
appropriate to different contexts…
Applicant essentially argues the meaning associated with the word “narrative” is
too broad and the meaning of “chronicle” is limited to “1. A detailed and continuous
register of events in order of time; a historical record, esp. one in which the facts are
narrated without philosophic treatment, or any attempt at literary style.”10
However, the third definition for “chronicle” listed in the OED is “3. gen. A record,
register, narrative, account.”11 Applicant concludes that:
The applied-for mark THE TRAVEL CHRONICLE is not
merely descriptive because the web site it identifies does
not contain a chronicle, and does not ask contributors to
provide a chronicle. Neither is there any information in
the mark which would alert those familiar with the
products with any of their attributes, other than an
association with travel, a level of meaning which is
allowable given that the word conveys no value judgment,
description of the nature or character of the association,
or categorical identity.
App. Br. p. 10.
As to the goods, Applicant argues:

10 OED Second Edition on CD-ROM (v. 4.0.0.3) attached to the April 27, 2012 Response.
11 OXFORD ENGLISH DICTIONARY (2014) retrieved from www.oed.com. The Board may
take judicial notice of dictionary definitions and entries from encyclopedias and standard
reference works. University of Notre Dame du Lac v. J.C. Gourmet Food Imports Co., 213
USPQ 594, 596 (TTAB 1982), aff’d, 703 F.2d 1372, 217 USPQ 505 (Fed. Cir. 1983); In re
White Jasmine LLC, 106 USPQ2d 1385, 1392 n.24 (TTAB 2013); In re Yeley, 85 USPQ2d
1150, 1153 nn. 10, 11 (TTAB 2007); In re Red Bull GmbH, 78 USPQ2d 1375, 1378 (TTAB
2006).

Serial No. 85368593
- 7 -

… [T]he act of traveling does not determine the features
of a photograph. Terms like “underwater” or “aerial”
might have some value in conveying knowledge of a
significant quality, characteristic, or feature of a
photograph, but no similar insight is provided by the word
“travel”. As noted by the Applicant in the Request for
Reconsideration, “It is a practical impossibility to
determine whether a particular photograph has been
taken during a trip … [and] … the term [travel] does not
and cannot describe anything about the content, subject
matter, location or purpose of the photograph itself.” …
… [I]t has never been established or demonstrated by the
Examiner that any form of written chronicle exits [sic]
anywhere on the website. No portion, segment, page or
paragraph conforms to the characteristics of a list like
that of a ‘bibliography, blacklist, calendar, [or] checklist”,
or achieves the purpose of providing “A detailed and
continuous register of events in order of time; a historical
record, esp. one in which the facts are narrated without
philosophic treatment, or any attempt at literary style.”
App Br. pp. 8-9.
With regard to this argument, we take judicial notice that in the MERRIAM-
WEBSTER’S COLLEGIATE DICTIONARY12 the explanatory notes indicate that:
A cross-reference immediately following a boldface colon
is a synonymous cross-reference. It may stand alone as
the only definitional matter for an entry or for a sense or
subsense of an entry … A synonymous cross-reference
indicates that a definition at the entry cross-referred to
can be substituted as a definition for the entry or the
sense or subsense in which the cross-reference appears.13
In MERRIAM-WEBSTER’S, “narrative” is listed as a synonymous cross-reference
serving as the second definitional entry for “chronicle” as follows: “Chronicle … 1 : a
usu. continuous historical account of events arranged in order of time without

12 MERRIAM-WEBSTER’S COLLEGIATE DICTIONARY (10th ed. 1993). See White Jasmine
LLC, 106 USPQ2d at 1392 n.24; In re Yeley, 85 USPQ2d at 1153 nn. 10, 11.
13 Id. at 21(a)-22(a).
Serial No. 85368593
- 8 -

analysis or interpretation 2 : NARRATIVE.” Here, the word “narrative” although a
synonym for “chronicle” is close enough to be listed as a definition. Moreover, even if
viewed it as providing a “sense” or “subsense” of the definition, the word “chronicle”
continues to encompass the definition of “narrative” in its general meaning.
“Narrative” is defined as “an account, report, or story, as of events, experiences,
etc.”14 More telling is the third definition noted above from the OXFORD ENGLISH
DICTIONARY that specifically includes “narrative” and “account” in its definition of
the word “chronicle.”
As noted above, a proposed mark need not describe every characteristic of the
goods and services, and Applicant’s website and photographs, in addition to
providing “commentary,” also literally chronicle Applicant’s travels. Second, the
definition of “chronicle” does include providing an “account” or “narrative.” See OED
(2014). Thus, we do not find persuasive, the arguments based on semantic nuance.
We recognize that the demarcation between suggestive marks and merely
descriptive marks can be sometimes difficult to discern and when in doubt we must
resolve that doubt in favor of the applicant. However, Applicant’s argument to a
large extent is based on the analysis that the wording, in a vacuum, does not
describe to consumers what the goods or services are. As noted above, we must
consider the context in which the mark is used in connection with those goods and
services and understand the significance that the mark would have to the average
purchaser of the goods or services in the marketplace. See Chamber of Commerce of

14 www.merriam-webster.com, attached to December 19, 2012 Office Action.
Serial No. 85368593
- 9 -

the U.S., 102 USPQ2d at 1219. In the context of “a web site featuring travel
information and commentary,” there is no question that THE TRAVEL
CHRONICLE merely describes significant features of the website, namely, the
provision of an account or narrative regarding travel. The fact that the word
“chronicle” may have other more restrictive meanings does not limit its meaning
here where its use as a broader commentary or account about travel is
contemplated by the dictionary definitions. See In re RiseSmart Inc., 104 USPQ2d
1931, 1933 (TTAB 2012). Moreover, the uses of the term by others in the context
other websites, i.e., the use of the phrase “photographic chronicles,” is evidence that
potential consumers would understand the significance of the term to be an account
or narrative.
Further, the phrase THE TRAVEL CHRONICLE immediately describes the
subject matter of the photographs, namely, photographs that chronicle travel. The
evidence supports the Examining Attorney’s position that “travel photos” describe
photographs taken during journeys, and that chronicles of travel “may take the
form of photographs, as well as written words.” Ex. Att. Br. p. 6.
We add that, as to the services and the goods, the addition of “the” before the
words “travel chronicle” does not add any source-indicating significance or
otherwise affect the term’s descriptiveness. In re The Place Inc., 76 USPQ2d 1467,
1468 (TTAB 2005).
Finally, Applicant argues that THE TRAVEL CHRONICLE is
… mildly incongruous given that a chronicle records
historical events – and travel is an action with no
Serial No. 85368593
- 10 -

inherent importance. The mark imparts no information to
suggest that the goods being offered are photographs in
any form; and it requires “imagination, thought, or
perception” to identify the web site as a place to find
“commentary and photos” with a focus on the “culture,
history, natural beauty and wildlife of the places we
feature” rather than a compilation of historical records.
App. Br. p. 10.
As noted above, Applicant’s dictionary resources do not restrict “chronicle” to
mean only “a compilation of historical records.” In addition, the phrase THE
TRAVEL CHRONICLE does not create any double entendre or incongruity in the
context of the respective goods and services. We find that the phrase THE TRAVEL
CHRONICLE immediately describes significant features of the website and the
photographs.
Decision: The refusal to register Applicant’s mark THE TRAVEL CHRONICLE
is affirmed as to both classes of goods and services.