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