Summary of Final Decisions
Issued by the
Trademark Trial and Appeal Board
July 15-19, 1996
Type Proceeding
Date of or Party/
Issued Case (1) App'n No. Parties
7-16 EX 74/243,193 Canadian Agra
Corp.
7-16 EX 74/362,907 Custom Towels,
Inc.
7-16 OPP 89,309 Hard Rock Cafe
Licensing Corp.
v. Rock Hard
Sportswear, Inc.
7-16 OPP 91,340 Morton
91,457 International,
Inc. v. Asahi
Denka Kogyo
Kabushiki Kaisha
7-17 EX 74/449,910 Tomco Auto
Products, Inc.
7-18 EX 74/392,047 Carolyn C.
Weissberg and
Steven Weissberg
7-18 OPP 92,996 Miguel Torres,
S.A. v. Cantine
Mezzacorona
S.C.A.R.L.
7-19 EX 74/319,605 TJC, Inc.
7-19 EX 74/458,353 Krueger GmbH & Co.
KG
7-19 EX 74/528,198 The Jolt Company,
Inc.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(e)(1) Refusal "MACHINERY RING"
Affirmed [brokering of farm
services between
farmers and farm
labourers and
owners and
operators of
farming equipment]
2(e)(1); Refusal "CUSTOM TOWELS"
whether mark Affirmed [beach towels,
has acquired (on both bath towels and
distinctiveness issues) sport towels]
and is,
therefore,
registrable
under Sec.
2(f)
2(d) Opposition "HARD ROCK CAFE" "ROCK HARD"
Sustained and "HARD ROCK [clothing,
CAFE" (and design) particularly
[restaurant services, clothing made of
t-shirts, sweatshirts, leather and/or
polo shirts, sport denim fabrics,
shirts, jackets, hats, namely, jeans,
etc.]; T-shirts, hats,
"HARD ROCK TIMES" jackets,
(and design) sweatshirts and
[t-shirts] sweatpants]
2(d) Opposition "ADVASTAB" "ADEKA STAB" and
Sustained [stabilizers for "ADK STAB"
vinyl resins] [chemicals,
namely,
stabilizers and
additives for
plastics]
2(d) Refusal "TOMCO
Affirmed CARBURETORS"
(and design)
[automotive
carburetors]
2(e)(1) Refusal "VIRTUAL PAPER"
Affirmed [computer
services, namely,
configuring and
designing
software and
hardware to
facilitate the
flow of
information among
disparate users]
2(d) Opposition "GRAN CORONAS" "MEZZACORONA"
Sustained (in stylized form) and (and design)
"CORONAS" [wines and
(and design) sparkling wines]
[wine]
2(e)(3) Refusal "BOGOTA BAGS"
Affirmed [garment bags for
travel, carry-on
bags, backpacks
and travel
kits sold empty]
2(d) Refusal "CHOCOCINO"
Affirmed [preparations for
making flavored
drinks, namely, a
drink having the
flavor of cocoa
and coffee]
2(e)(1) Refusal "BLU BOTOL"
Reversed [water, namely,
sparkling water,
spring water, and
mineral water]
Mark and
Goods of Registration Recommended
Cited by for
Examining Atty. Publication
No
No
No
No
"TOMCO TI" No
(and design)
[vehicle parts, namely,
carburetor floats;
carburetor couplings;
carburetor dashpots;
carburetor choke pull-
offs; carburetor valves;
etc.]; "TOMCO TI
INC." (and design)
[replacement emission
reduction parts for land
vehicles]
No
No
No
"CHOCK O'CCINO" No
[iced coffee with milk
and sugar and iced tea]
No
(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT
USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION