Summary of Final Decisions
Issued by the
Trademark Trial and Appeal Board
October 7-11, 1996
Type Proceeding
Date of or Party/
Issued Case (1) App'n No. Parties
10-8 EX 74/490,066 Christian Pur-
chasing Net-
work, Inc.
10-9 EX 74/328,242 Phillips Van-Heusen
Corp.
10-10 EX 74/323,779 T.C. Management,
Inc.
10-10 EX 74/375,406 L'Nard Restorative
Concepts, Inc.
10-10 OPP 82,863 Bacardi & Company
Ltd. v. Barcamerica
International
Corporation U.S.A.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(e)(1) Refusal "CHRISTIAN
Reversed PURCHASING
NETWORK"
[providing consumer
credit card ser-
vices for the pur-
chase of goods and
services of others]
2(a) Refusal "MILANO UOMO"
[whether mark Affirmed [men's & boys' &
is geograph- girls' & women's
ically shirts, cuffs,
deceptive] collars,
pajamas, sport
shirts, underwear,
knit shirts &
slacks & sweaters]
whether the Refusal "CHICKEN
matter sought Affirmed FLAMEANTE"
to be regis- [restaurant services]
tered
functions as
service mark
or, instead,
only identi-
fies a menu
item
whether the Refusal configuration of
configuration Affirmed foot brace
sought to be (on both [foot orthosis
registered is grounds) device]
de jure func-
tional and,
if not,
whether it
has acquired
secondary
meaning and
is, there-
fore, regis-
trable under
Sec. 2(f)
2(d) Opposition "BACARDI" "BARCA"
Dismissed [rum-based (and design)
liqueur; non- [wines]
alcoholic
fruit cock-
tail mixes];
"BACARDI
BREEZER"
[carbonated
beverages
containing rum];
and others
Mark and
Goods of Registration Recommended
Cited by for
Examining Atty. Publication
No
No
No
No
No
(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT
USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION