TTAB Upholds Mere Descriptiveness Refusal of "THE TRAVELING PAWTOGRAPHERS" for Pet Portrait Photography Services

The Board affirmed a Section 2(e)(1) refusal of the proposed mark THE TRAVELING PAWTOGRAPHERS for "pet portrait photography services," deeming the mark to be merely descriptive of said services. Examining Attorney Patty Evanko relied on applicant’s own statements during prosecution of the involved application, as well as Internet evidence submitted by both applicant and the Examining Attorney. In re Joan H Walker Photography LLC, Serial No. 97743111 (August 13, 2025) [not precedential] (Opinion by Judge Lawrence T. Stanley, Jr.).

Applicant shot itself in the paw when, in order to overcome a Section 2(d) refusal, it argued that "[t]he cited mark [PAWTOGRAPHY] describes the field generally of pet photography services," and it submitted evidence of "extensive usage in connection with pet photography services,” including Internet screenshots of third parties "incorporating the wording 'pawtography' or 'pawtographer.'" The examining attorney withdrew the Section 2(d) refusal but then nissued the subject 2(e)(1) refusal.

The Examining Attorney also submitted Internet evidence showing use of the term "traveling" in connection with pet photography services.

Applicant argued that the term "pawtographer" is not a recognized English word, that it blends two words in a "whimsical manner to create somewhat of a portmanteau," that the word "traveling" does not describe an aspect of photography, that "imagination and interpretation" is required to derive the Examining Attorney's meaning from the mark, that consumers will appreciate the mark as "clever wordplay," and that the third-party evidence demonstrates use of "pawtographer" in trademarks or trade names. The Board was not persuaded.

First, the fact that the terms “pawtographer” and “pawtography” are not found in the dictionary is not controlling on the question of registrability. *** Second, that the term “pawtographer” is creative or whimsical or a portmanteau does not mean “pawtographer” is not also descriptive. *** Third, that other descriptive terms exist for a pet photographer does not mean “pawtographer” is not also descriptive. *** Fourth, that third parties use the terms “pawtographer” or “pawtography” in their respective trade names or in connection with possible trademarks does not mean that the term cannot be descriptive.

Furthermore, the word TRAVELING "describes a feature or characteristic of the services because it immediately informs purchasers that the PAWTOGRAPHERS will travel to different locations to photograph the customer’s pets."

And so, the Board affirmed the refusal.

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Text Copyright John L. Welch 2025. Photograph of "Maggie" Copyright John W. "Jack" Welch 2025.