Trademark Trial and Appeal Board
Patent and Trademark Office (P.T.O.)
*1 IN RE AFG INDUSTRIES
Serial No. 772,961
August 3, 1990
Vincent L. Ramik of Diller, Ramik & Wright, P.C. for applicant
Trademark Examining Attorney
Law Office 8
(Sidney Moskowitz, Managing Attorney)
Before Rice, Rooney and Seeherman
Opinion by Rooney
In accordance with the Board's decision of May 11, 1990, refusing registration in the absence of a pen and ink drawing, applicant has submitted a pen and ink drawing of its mark to be entered in its application and a request that the decision be set aside as indicated therein.
The amendment is hereby accepted and entered. As authorized by applicant, the following statement is added to the application. "The stippling on the drawing is for shading purposes only and does not form part of the mark." The Board's decision is set aside and applicant's application will proceed to publication.
The Board's decision of May 11, 1990 is amended as follows:
Page 1 is amended by substituting the attached page 1 which correctly shows applicant's mark as it appears on the specimens.
J. E. Rice
L. E. Rooney
E. J. Seeherman
Members, Trademark Trial and Appeal Board
Registration of the mark COMFORT E 2 (as it appears in the drawing) for glass in sheet form suitable for use in exterior windows and walls was refused by the Examining Attorney. The ground therefor was applicant's refusal to comply with a request to submit a special form drawing. The mark appeared on the specimens as follows:
TABULAR OR GRAPHIC MATERIAL SET FORTH AT THIS POINT IS NOT DISPLAYABLE