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