Summary of Final Decisions
Issued by the
Trademark Trial and Appeal Board
February 26 - March 1, 1996
Type Proceeding
Date of or Party/
Issued Case (1) App'n No. Parties
2-27 EX 74/355,798 Diamond Pacific
EX 74/355,895 Tool Corp.
EX 74/356,178
2-27 EX 74/279,461 VIP Foods, Inc.
(R)
EX 74/279,462
(R)
2-27 EX 74/291,080 American Takii,
Inc.
2-27 EX 74/450,969 H. H. Brown Shoe
Co., Inc.
2-27 EX 74/056,479 Beckson Marine,
Inc.
2-29 EX 74/290,689 Schober GmbH
2-29 EX 74/390,467 Reinsurance Group
of America, Inc.
2-29 EX 74/432,141 Teledyne
Industries, Inc.
2-29 EX 74/228,981 L'Oreal
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(d); Refusal "DIAMOND PACIFIC"
Requirement of Affirmed [hand tools,
Section 6 (in each case, namely, pliers]
disclaimer on all grounds) (74/355,798);
[of word [motor driven
"DIAMOND"] lapidary machines
(in 74/355,895 capable of
and cutting and
74/356,178) polishing
only hand-held gem
stones other than
diamonds and only
in cabochon
or rounded
shape]
(74/355,895);
[abrasive
compositions,
namely, jewelers'
rouge, consisting
of iron oxide,
aluminum
oxide, or silicon
dioxide; power
operated diamond
abrasive wheels
for grinding and
polishing]
(74/356,178)
Section 6 Request for "VIP CANTON"
Disclaimer Reconsideration (and design)
Requirement Denied [frozen foods,
(of words [Refusals namely,
"CANTON" Affirmed in vegetables mixed
and "PEKING") both cases] with fruit]
and "VIP PEKING"
(and design)
[frozen foods,
namely, mixed
vegetables]
Section 6 Refusal `TAKII"
disclaimer Reversed (and design)
requirment [flower and
[of term vegetable
"TAKII" seeds for
(plant horticultural
varietal and agricultural
name)] purposes]
2(d) Refusal "CONGO"
Affirmed [footwear]
de jure Refusal configuration of
functionality; Affirmed applicant's goods
lack of [manual pumps,
inherent namely, bilge
distinc- pumps for
tiveness; removing water
sufficiency from watercraft]
of Sec. 2(f)
evidence of
acquired
distinctive-
ness
whether Refusal "BANDFLEX"
the matter Affirmed [crimp units
asserted installed
for regis- in rotary
tration machines for
has been binding paper]
used as a
trademark
for
applicant's
goods
[or rather,
has been used
only in
advertising),
as evidenced
by specimens
of use
2(e)(2) Refusal "REINSURANCE GROUP
Affirmed OF AMERICA,
INCORPORATED"
[life reinsurance
underwriting and
accident and
health
reinsurance
underwriting]
2(d) Refusal "ORARELIEF"
Affirmed (in stylized
lettering)
[medicine in
gel form
dispensed
from tubes for
teething pain,
denture and gum
irritations, cold
and canker
sores, sun and
fever blisters and
brace and
orthodontia pain]
2(e)(1); Refusal "ANTI-FRIZ"
whether Affirmed [hair conditioner
applicant and relaxer]
has
established
that its mark
is distinctive
under
Section 2(f)
Mark and
Goods of Registration Recommended
Cited by for
Examining Atty. Publication
Cited against No
74/355,798:
"DIAMOND" et al.
[wrenches, pliers,
punches, chisels,
hammers, etc.);
cited against
74/355,895 and
74/356,178:
"PACIFIC" et al.
[abrasive grinding
wheels, bonded
abrasive products,
etc.]
No
No
"CONGO TRADER" No
[blue jeans, twill pants,
denim skirts and shorts,
denim jackets]
No
No
No
"ORALIEF" No
[medicated mouth rinse]
No
(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; C=CANCELLATION; CU=CONCURRENT USE;
(R)=REQ. FOR RECONSIDERATION