Summary of Final Decisions
Issued by the
Trademark Trial and Appeal Board
March 17-21, 1997
Type Proceeding
Date of or Party/
Issued Case (1) App'n No. Parties
3-18 OPP 92,144 La Galvanina,
S.P.A. v.
Societe Des Eaux
Azula, S. A.
3-18 EX 74/492,827 Recorded Books,
Inc.
3-19 EX 74/330,908 Reilor Holdings
Ltd.
3-19 EX 74/163,353 Kung Hsue She,
Inc.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(d) Opposition "GALVANINA" "SOURCE GALVAN"
Sustained [drinking water, [carbonated and
namely, mineral non-carbonated
water and water drinking water,
charged with gas; natural spring
soft drinks; water, carbonated
orangeades; and non-carbonated
lemonades; tonic drinking water
water; and non- with natural
alchoholic soft flavors, and
aperitifs] tonic water]
genericness; Refusal "RECORDED BOOKS"
distinctive- Affirmed [pre-recorded
ness under audio tape cas-
Sec. 2(f) settes featuring
literary works]
de jure func- Refusal configuration of
tionality; Affirmed an automatic door
distinctive- (but only on closer [surface-
ness under basis of mount spring-
Sec. 2(f) lack of 2(f) loaded automatic
distinctive- door closer]
ness;
configuration
found not de
jure func-
tional)
generic- Refusal "MONTANA"
ness [doc- Affirmed [bicycles]
trine of
foreign
equiva-
lents];
Sec. 2(f)
distinc-
tiveness
Mark and
Goods of Registration Recommended
Cited by for
Examining Atty. Publication
No
Yes
No
No
(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT
USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION