TTAB - Trademark Trial and Appeal Board - *1 IN RE AFG INDUSTRIES Serial No. 772,961 August 3, 1990

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

 

 

Candice Abate

 

 

Trademark Examining Attorney

 

 

Law Office 8

 

 

(Sidney Moskowitz, Managing Attorney)

 

 

Before Rice, Rooney and Seeherman

 

 

Members

 

 

Opinion by Rooney

 

 

Member

 

 

Correction

 

 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

 

 

Hearing: March 15, 1990

 

 

 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  

 

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