Summary of Final Decisions Issued by the Trademark Trial and Appeal Board May 26-30, 1997 Type Proceeding Date of or Party/ Issued Case (1) App'n No. Parties 5-27 EX 74/534,897 Bacardi & Co. EX 74/535,875 EX 74/535,192 EX 74/532,342 EX 74/532,527 5-27 EX 74/404,325 Caterpillar, Inc. 5-27 EX 74/301,061 Rio Grande Product, Inc. Opposer's/ Applicant's/ Petitioner's Respondent's TTAB Mark and Mark and Issue Decision Goods/Services Goods/Services 2(e)(3) Refusal "HAVANA SELECT," [primarily Affirmed "HABANA CLASICO," geograph- (in all "OLD HAVANA," ically five cases) "HAVANA PRIMO," deceptively and misdescrip- "HAVANA CLIPPER" tive] [all five marks applied to rum] de jure Refusal configuration of a functionality Affirmed continuous crawler (of product (on both track with an ele- configuration); grounds) vated drive whether matter sprocket and asserted for idler wheels registration therefor [tractors has acquired for earth moving, distinctiveness earth conditioning under Sec. 2(f) and material hand- ling; and undercar- riage for such tractors] 2(d) Refusal "RIO GRANDE" Affirmed (and design) [dried beans, re- fried beans, sour cream, sausages, jams, jellies and mango pickles] Mark and Goods of Registration Recommended Cited by for Examining Atty. Publication Yes Yes "HARRY'S RIO No GRANDE" [corn and tortilla chips, taco shells, tortillas, and salsa] (1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION