Summary of Final Decisions
Issued by the
Trademark Trial and Appeal Board
October 21-25, 1996
Type Proceeding
Date of or Party/
Issued Case (1) App'n No. Parties
10-22 EX 74/553,140 Moore Business
Forms, Inc.
10-22 EX 74/319,971 Canada Cone Co.,
Inc.
10-24 OPP 94,185 Monet Sales Corp.
v. Pentech Int'l
Inc.
10-25 EX 74/156,648 Royal Appliance
Mfg. Co.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(d) Refusal "LANDMARK"
Affirmed [pre-recorded
computer programs
related to real
estate sold to real
estate agents and
sales people]
2(e)(2) Refusal "CANADA CONES"
Affirmed [frozen confections
hand made in the
United States in
view of purchasers
and prospective
purchasers; retails
services performed
in the United
States in the
field of frozen
confections hand
made in the United
States in view of
purchasers and
prospective
puchasers]
2(d) Opposition "MONET" "MONET"
Sustained (and other marks [ballpoint pens]
containing the word
"MONET")
[jewelry, watches,
checkbook covers,
eyeglasses and
sunglasses, luggage,
purses, briefcases,
business and credit
card cases, wallets,
key fobs and key
cases, etc.]
whether the Refusal the color red
color red, Reversed applied to the
applied entire surface of
across the applicant's goods
entire surface [hand-held vacuum
of applicant's cleaners]
goods, is de
jure func-
tional and,
if not,
whether the
color red is
distinctive as
applied to
those goods
Mark and
Goods of Registration Recommended
Cited by for
Examining Atty. Publication
"LANDMARK CORPORATION" No
(and design)
[general real estate
brokerage services]
No
No
No
(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT
USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION