Summary of Final Decisions Issued by the Trademark Trial and Appeal Board February 26 - March 1, 1996 Type Proceeding Date of or Party/ Issued Case (1) App'n No. Parties 2-27 EX 74/355,798 Diamond Pacific EX 74/355,895 Tool Corp. EX 74/356,178 2-27 EX 74/279,461 VIP Foods, Inc. (R) EX 74/279,462 (R) 2-27 EX 74/291,080 American Takii, Inc. 2-27 EX 74/450,969 H. H. Brown Shoe Co., Inc. 2-27 EX 74/056,479 Beckson Marine, Inc. 2-29 EX 74/290,689 Schober GmbH 2-29 EX 74/390,467 Reinsurance Group of America, Inc. 2-29 EX 74/432,141 Teledyne Industries, Inc. 2-29 EX 74/228,981 L'Oreal Opposer's/ Applicant's/ Petitioner's Respondent's TTAB Mark and Mark and Issue Decision Goods/Services Goods/Services 2(d); Refusal "DIAMOND PACIFIC" Requirement of Affirmed [hand tools, Section 6 (in each case, namely, pliers] disclaimer on all grounds) (74/355,798); [of word [motor driven "DIAMOND"] lapidary machines (in 74/355,895 capable of and cutting and 74/356,178) polishing only hand-held gem stones other than diamonds and only in cabochon or rounded shape] (74/355,895); [abrasive compositions, namely, jewelers' rouge, consisting of iron oxide, aluminum oxide, or silicon dioxide; power operated diamond abrasive wheels for grinding and polishing] (74/356,178) Section 6 Request for "VIP CANTON" Disclaimer Reconsideration (and design) Requirement Denied [frozen foods, (of words [Refusals namely, "CANTON" Affirmed in vegetables mixed and "PEKING") both cases] with fruit] and "VIP PEKING" (and design) [frozen foods, namely, mixed vegetables] Section 6 Refusal `TAKII" disclaimer Reversed (and design) requirment [flower and [of term vegetable "TAKII" seeds for (plant horticultural varietal and agricultural name)] purposes] 2(d) Refusal "CONGO" Affirmed [footwear] de jure Refusal configuration of functionality; Affirmed applicant's goods lack of [manual pumps, inherent namely, bilge distinc- pumps for tiveness; removing water sufficiency from watercraft] of Sec. 2(f) evidence of acquired distinctive- ness whether Refusal "BANDFLEX" the matter Affirmed [crimp units asserted installed for regis- in rotary tration machines for has been binding paper] used as a trademark for applicant's goods [or rather, has been used only in advertising), as evidenced by specimens of use 2(e)(2) Refusal "REINSURANCE GROUP Affirmed OF AMERICA, INCORPORATED" [life reinsurance underwriting and accident and health reinsurance underwriting] 2(d) Refusal "ORARELIEF" Affirmed (in stylized lettering) [medicine in gel form dispensed from tubes for teething pain, denture and gum irritations, cold and canker sores, sun and fever blisters and brace and orthodontia pain] 2(e)(1); Refusal "ANTI-FRIZ" whether Affirmed [hair conditioner applicant and relaxer] has established that its mark is distinctive under Section 2(f) Mark and Goods of Registration Recommended Cited by for Examining Atty. Publication Cited against No 74/355,798: "DIAMOND" et al. [wrenches, pliers, punches, chisels, hammers, etc.); cited against 74/355,895 and 74/356,178: "PACIFIC" et al. [abrasive grinding wheels, bonded abrasive products, etc.] No No "CONGO TRADER" No [blue jeans, twill pants, denim skirts and shorts, denim jackets] No No No "ORALIEF" No [medicated mouth rinse] No (1)EX=EX PARTE APPEAL; OPP=OPPOSITION; C=CANCELLATION; CU=CONCURRENT USE; (R)=REQ. FOR RECONSIDERATION