University of Miami

Trademark Trial and Appeal Board

Mar 29, 2013

No. 85090781 (T.T.A.B. Mar. 29, 2013)

Mailed:
March 29, 2013

UNITED STATES PATENT AND TRADEMARK OFFICE

Trademark Trial and Appeal Board
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In re University of Miami
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Serial No. 85090781
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John Christopher of Christopher & Weisberg PA for University of Miami.

James W. MacFarlane, Trademark Examining Attorney, Law Office 104 (Chris Doninger,
Managing Attorney).
_____

Before Taylor, Masiello and Hightower, Administrative Trademark Judges.

Opinion by Taylor, Administrative Trademark Judge:

The University of Miami (“applicant”) has filed an application to register the mark
LAUNCH CAMP, in standard character form, on the Principal Register for services ultimately
identified as “Business consulting services, namely, providing business advice to entrepreneurs”
in International Class 35 and “Educational services in the nature of business development
instruction” in International Class 41.1
The trademark examining attorney has refused registration on the basis that LAUNCH
CAMP is merely descriptive of the identified services under Section 2(e)(1) of the Trademark
Act, 15 U.S.C. §1052(e)(1). The examining attorney also indicated that if applicant were to

1 Application Serial No. 85090781 filed on July 22, 2010, under Section 1(b) of the Trademark Act, 15
U.S.C. §1052(b), and alleging a bona fide intention to use the proposed mark in commerce.
THIS OPINION IS NOT A
PRECEDENT OF THE TTAB
Serial No. 85090781

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claim acquired distinctiveness pursuant to Section 2(f) of the Act, 15 U.S.C. 1141(f), or to amend
the application to seek registration on the Supplemental Register, a disclaimer of the term
“CAMP” is required. Applicant neither claimed acquired distinctiveness nor amended its
application to seek Supplemental Register application. Instead, applicant argued against the
Section 2(e)(1) refusal.
When the Section 2(e)(1) refusal was made final, applicant appealed. Both applicant and
the examining attorney have filed briefs and applicant has filed a reply brief. We affirm the
refusal to register.2
“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.” 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). See also In re MBNA
America Bank N.A., 340 F.3d 1328, 67 USPQ2d 1778, 1780 (Fed. Cir. 2003). 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. In re Engineering
Systems Corp., 2 USPQ2d 1075 (TTAB 1986); In re Bright-Crest, Ltd., 204 USPQ 591 (TTAB

2 The examining attorney, in his brief, requested that the Board take judicial notice of several dictionary
definitions for the terms “launch,” “camp,” “summer camp” and “campus,” as well as a definition of the
term “camp” from the online resource, Wiktionary. While the request is granted with regard to the
various 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); In re Red Bull GmbH, 78
USPQ2d 1375, 1377 (TTAB 2006), it is denied as to the Wiktionary definition because applicant, as the
non-offering party has not had an opportunity to rebut the evidence. Cf., In re IP Carrier Consulting
Group, 84 USPQ2d 1028, 1032-33 (TTAB 2007) (“[T]he Board will consider evidence taken from
Wikipedia so long as the non-offering party has an opportunity to rebut that evidence by submitting other
evidence that may call into question the accuracy of the particular Wikipedia information. Our
consideration of Wikipedia evidence is with the recognition of the limitations inherent with Wikipedia
(e.g., that anyone can edit it and submit intentionally false or erroneous information.”). We note that the
definition of “campus” has no probative value in the absence of the Wiktionary cite.
Serial No. 85090781

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1979). It is not necessary, in order to find a mark merely descriptive, that the mark describe each
feature of the services, only that it describe a single, significant ingredient, quality, characteristic,
function, feature, purpose or use of the services. In re Gyulay, 820 F.2d 1216, 3 USPQ2d 1009
(Fed. Cir. 1987).
Further, it is well-established that the determination of mere descriptiveness must be
made not in the abstract, but in relation to the goods or services for which registration is sought,
the context in which the mark is used, and the impact that it is likely to make on the average
purchaser of such goods or services. In re Abcor Development Corp., 588 F.2d 811, 200 USPQ
215, 218 (CCPA 1978).
Finally, while a combination of descriptive terms may be registrable if the composite
creates a unitary mark with a separate, nondescriptive meaning, In re Colonial Stores, Inc., 394
F.2d 549, 157 USPQ 382 (CCPA 1968), the mere combination of descriptive words does not
necessarily create a nondescriptive word or phrase. In re Associated Theatre Clubs Co., 9
USPQ2d 1660, 1662 (TTAB 1988). If each component retains its descriptive significance in
relation to the services, the combination results in a composite that is itself descriptive. In re
Oppedahl & Larson LLP, supra.
In traversing the refusal, applicant maintains that its applied-for mark is suggestive of the
identified services because its relevant consumers would not immediately associate either the
term “launch” or “camp” with “business consulting services, namely, providing business advice
to entrepreneurs” or with “educational services in the nature of business development
instruction.”
The examining attorney, on the other hand, contends that “not only are the individual
components of applicant’s mark descriptive of its [identified] services, the words also retain their
Serial No. 85090781

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descriptive meaning when combined – nothing about the wording ‘LAUNCH CAMP’ when
considered as a phrase changes its significance.” (Br. unnumbered p. 8).
In support of his position, the examining attorney made of record several dictionary
definitions of the terms “launch” and “camp.” Set forth below is a representative sampling of
those definitions.
LAUNCH:
to put into operation or set in motion3
to give someone a start, as in a career or vocation4
start or set in motion (an activity or enterprise)5
CAMP:
a place … for instruction, often during the summer6
a program offering access to educational facilities for a limited
period of time7
a place for children to stay in the summer that offers training in a
particular skill8
The examining attorney also made of record the following Internet materials taken from
the websites of CNN, The QuickBase Blog, Girl in Tech, Women for Hire, the Montana
Secretary of State and Bloomberg Business Week demonstrating that the term “launch” is used
specifically in the context of business to mean starting and forming a business:

3 Merriam-Webster Online Dictionary, retrieved at www.merriam-webster.com/dictionaries/launch on
November 10, 2010.
4 American Heritage Online Dictionary (hosted by Yahoo.com) , retrieved at
http://education.yahoo.com/refernce/dictionary/entry/launch on May 10, 2012.
5 Jane Imber, Dictionary of Marketing Terms , p. 958 (3d ed. 2000).
6 Merriam-Webster Online Dictionary, retrieved at www.merriam-webster.com/dictionaries/camp on
November 10, 2010.
7 Id.
8 The MacMillan Dictionary, retrieved at http://www.macmillandictionary.com/dictionary/american/camp
on March 10, 2012.
Serial No. 85090781

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Launch your own business: 5 ways to get there
Don’t kid yourself. Starting a company is hard.
http://money.cnn.com.popups/2006/moneymag/ontrack_business/i
ndex.html
How to Launch Your Own Business (Part 2)
No matter what type of independent business you’re
contemplating, putting together a comprehensive business plan will
help you to clarify and research your new offering, will provide a
framework for growth over the first three to five years, and will be
an important tool in your conversations with potential partners and
investors.
http://quickbase.intuit.com/blog/2010/07/30/how-to-launch-your-
own-business-part-2/
Launch Your Business this Summer with Betaspring
Betaspring – a mentorship-driven startup accelerator for
technology and design entrepreneurs – is opening up application
for its 2010 summer program.
www.girlsintech.net/2010/03/09/lauch-your-business-this-summer-
with-betaspring/
How to Launch a Business For Less Than $500
You want to start a business but you can’t get past your fear of
taking the risk and striking out. …
http://womenforhire.com/advice/magazine/how_to_launch_a_busi
ness_for_less_than_500/
How to Launch a New Business
Small businesses are critical to the economic vitality and stability
of the Montana economy. The Secretary of State’s Office is here
to serve you as you launch you new business venture.
http://sos.mt.gov/business/startup/index.asp
To Launch Your Business, Embrace Risk-Taking
To evaluate the merits of their startup dream and strategize about
the future, aspiring entrepreneurs can sweat out business plans and
huddle with experts.
Serial No. 85090781

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http://www.businessweek.com/smallbiz/conten/asp2011.sb201104
21_398697.htm
Applicant, in its briefs, has admitted that its services include a summer program of
instruction, intended for high-school students, relating to the organization and operations of a
business. Applicant’s br. p. 5; Applicant’s reply br., App. B. In this context, we find the
examining attorney’s evidence discussed above sufficiently demonstrates that the designation
LAUNCH CAMP immediately conveys a salient feature and/or a characteristic of applicant’s
services. First, the dictionary definitions as well as the Internet evidence submitted by the
examining attorney of and/or about the term “launch” show that “launch” directly describes an
attribute of applicant’s business consulting, advice and instruction services, namely that the
subject matter of registrant’s consulting, advice and instruction services is how to start up or
launch a business. Similarly, the definitions of “camp” demonstrate that the term describes a
feature of applicant’s services, namely, that the services are provided at applicant’s educational
facilities or in the context of an educational summer camp.
We thus find that the individual terms LAUNCH and CAMP have descriptive
significance as used in connection with the identified services. LAUNCH refers to the startup of
a business and CAMP refers to an educational facility or summer camp. No hesitation or
thought is needed in appreciating the meaning of these two terms.
Applicant admits that the term “launch,” in the context of business, describes starting and
forming businesses. However, applicant argues that its mark is not used in association with
startup services such as IPO, venture capital or incorporation services. Rather, applicant
contends that it is offering consulting and advice to entrepreneurs and business instruction
services. As noted, a mark need only be descriptive of a quality, ingredient or characteristic of
applicant’s services. Oppedahl & Larson, supra.
Serial No. 85090781

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With respect to the term “camp,” applicant argues that “despite the strict definitional
meaning of the word ‘camp,’ which includes ‘a program offering access to educational
facilities,’ to high school students [applicant’s target consumers], the word ‘camp’ has a very
different meaning.” Applicant’s br. p. 5. We find this argument unsupported by the record;
there is nothing that leads us to believe that the term “camp,” as used in connection with
applicant’s services, would be perceived by high school students as anything other than the
meaning noted above.
Next, we must determine whether the combination of these two descriptive terms evokes
a new and unique commercial impression. If each component retains its merely descriptive
significance in relation to the services, then the resulting combination is also merely descriptive.
See, e.g., In re Tower Tech, Inc., 64 USPQ2d 1314 (TTAB 2002) (SMARTTOWER held merely
descriptive of commercial and industrial cooling towers). Here, we find that the record
establishes that the designation LAUCH CAMP, as a whole, is descriptive of the identified
services. When LAUNCH CAMP is viewed in connection with the services listed in the
application, there is nothing in the mark which is incongruous, nor is there anything which would
require the gathering of further information, in order for the merely descriptive significance
thereof to be readily apparent to prospective purchasers of the services. See, for example, In re
Abcor Development Corp., Inc., 588 F.2d 811, 200 USPQ 215 (CCPA) (Rich, J., concurring)
[GASBADGE described as a shortening of the name “gas monitoring badge”]; and Cummins
Engine Co., Inc. v. Continental Motors Corp., 359 F.2d 892, 149 USPQ 559 (CCPA 1966)
[TURBODIESEL held generically descriptive of engines having exhaust driven turbine super-
chargers]. That is, the combination of the terms “launch” and “camp” fail to create a new and
distinct commercial impression.
Serial No. 85090781

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Indeed, as confirmed by the information disseminated on applicant’s website, the
purchasing public would perceive the designation LAUNCH CAMP as merely descriptive of
applicant’s business consulting, business advice and business instruction services. Applicant’s
website indicates that applicant offers instruction in the form of a summer camp to teach students
how to start their own businesses, with an end-of-camp goal of actually starting a business, and
specifically states:
Launch Camp at University of Miami Summer Scholars Program
… The Launch Camp program will help students connect ideas,
people and resources; provide advice and guidance; build
relationships with experts in the local business community and
ultimately launch a business – whether for-profit or not-for-profit –
by the end of the program.
Applicant’s reply br., App. B; Attachment to Final Office Action, issued June 6, 2011. In short,
when prospective consumers encounter the designation LAUNCH CAMP in this context, it is
clear that it would immediately inform these consumers that applicant’s business consulting and
advice and business educational services feature business advice, information and instruction in
the area of launching a business in an educational camp setting.
We simply are not persuaded by applicant’s contention that the combination of the terms
“launch” and “camp” create an incongruity because they have completely opposite meaning. In
making this argument, applicant points to alternate meanings of the terms “launch” and “camp,”
i.e., “to send forth, catapult, or release” and “to settle down securely, stay put,” respectively,
which lack context to applicant’s services. As stated, descriptiveness is considered in relation to
the relevant services. The fact that a term may have different meanings in other contexts is not
controlling on the question of descriptiveness. See Bright-Crest, Ltd., 204 USPQ at 593 (TTAB
1979); In re Champion Int’l Corp., 183 USPQ 318, 320 (TTAB 1974). Moreover, as pointed out
by the examining attorney, when considering combined terms, the distinct meaning created by
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the combination must be well-recognized by the public and readily apparent from the mark itself
in order to escape from mere descriptiveness. See, e.g., In re Brown-Forman Corp., 81 USPQ2d
1284, 1287 (TTAB 2006).9 That is not the case here where the record instead clearly
demonstrates the descriptive significance of the terms individually, as well as collectively, in
relation to applicant’s identified services.
Finally, we note applicant’s reliance on the principle that when there is doubt on the issue
of whether a mark is merely descriptive, that doubt should be resolved in favor of the applicant.
In the present case, however, the record leaves us no doubt to be resolved.
We conclude that when applied to applicant’s services, the designation LAUNCH CAMP
immediately describes, without any kind of mental reasoning, a feature or characteristic of the
identified business consulting and educational services, namely that applicant’s business advice
to entrepreneurs and business development instruction services feature information on launching
or starting a business venture and are provided in an educational camp setting.
Decision: The refusal to register under Section 2(e)(1) of the Trademark Act is affirmed.

9 In that case, GALA ROUGE was found not to be a double entendre in relation to wines, and the
requirement to disclaim ROUGE was affirmed.