SUMMARY OF FINAL DECISIONS ISSUED BY THE TRADEMARK TRIAL AND APPEAL BOARD
March 17-21, 1997
| Date Issued | Type of Case(1) | Proceeding or Appn. No. | Party or Parties | TTAB Panel(2) | Issue | TTAB Decision | Opposer's or Petitioner's Mark and Goods or Services | Applicant's or Respondent's Mark and Goods or Services | Mark and Goods Cited by Examining Attorney | Examining Attorney | Citable as Precedent of TTAB |
| 3-18 | OPP | 92,144 | La Galvanina, S.P.A. v. Societe Des Eaux Azula, S. A. | Rice* Cissel Walters |
2(d) | Opposition Sustained | "GALVANINA" [drinking water, namely, mineral water and water charged with gas; soft drinks; orangeades; lemonades; tonic water; and non-alcoholic soft aperitifs] | "SOURCE GALVAN" [carbonated and non-carbonated drinking water, natural spring water, carbonated and non-carbonated drinking water with natural flavors, and tonic water] | No | ||
| 3-18 | EX | 74/492,827 | Recorded Books, Inc. | Sams Simms Quinn* |
genericness; distinctiveness under Sec. 2(f) | Refusal Affirmed | "RECORDED BOOKS" [pre-recorded audio tape cassettes featuring literary works] | Le | Yes | ||
| 3-19 | EX | 74/330,908 | Reilor Holdings Ltd. | Simms Hanak Walters* |
de jure functionality; distinctiveness under Sec. 2(f) | Refusal Affirmed (but only on basis of lack of 2(f) distinctive-ness; configura-tion found not de jure functional) | configuration of an automatic door closer [surface-mount spring-loaded automatic door closer] | Matthews | No | ||
| 3-19 | EX | 74/163,353 | Kung Hsue She, Inc. | Simms Hanak Hohein* |
genericness [doctrine of foreign equivalents]; Sec. 2(f) distinctiveness | Refusal Affirmed | "MONTAŅA" [bicycles] | C. Butler | No |
(1) EX=Ex Parte Appeal; OPP=Opposition; CANC=Cancellation; CU=Concurrent Use; (SJ)=Summary Judgment; (R)=Request for Reconsideration
(2) *=Opinion Writer; (D)=Dissenting Panel Member
Last Modified: 8/11/98