Decisions · 85430114
In re Kohr Brothers, Inc.
Serial No. 85430114 · Decided 2017-02-09 · Other
What happened
Refusal upheld — the envelope-sized CONEY ISLAND BOARDWALK CUSTARD sign hung inside Kohr Brothers' boardwalk stand next to the business license did not function as a point-of-sale display for the frozen custard, so it could not prove trademark use.
The marks
Applicant
CONEY ISLAND BOARDWALK CUSTARD (standard characters; CONEY ISLAND and CUSTARD disclaimed)
Frozen desserts, namely, frozen custards (Class 30)
Why this decision is significant
Precedential specimen decision applying In re Sones to a food-service display: an envelope-sized sign hung beside regulatory certificates inside the stand is not a point-of-sale display associated with the goods — a useful template for display-specimen refusals.
Research significance is Trademark Valet's editorial rating of how useful a decision is to practitioners. It is not a statement of precedential weight — that is the separate Precedential field, which comes from the Board.
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The original record
Read the opinion and every filing on the Board's own docket. The summary above is our paraphrase, not a quotation from the opinion. The opinion is the authority.
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