Decisions · 86078755
In re Tapco International Corporation
Serial No. 86078755 · Decided 2017-04-28 · Other
What happened
The Board let Tapco’s application for KLEER MOULDINGS move forward for cellular PVC trim and mouldings, finding that even though KLEER sounds like “clear,” there was no evidence buyers attach the knot-free “clear wood” meaning to synthetic, non-wood building products, so the name was not proven deceptive.
The marks
Applicant
KLEER MOULDINGS
"Non-metal interior and exterior architectural mouldings and finish trim made of synthetic and manmade materials, namely, cellular PVC; non-metal decorative interior and exterior mouldings and decorative trim made of synthetic and manmade materials, namely, cellular PVC, for use in building construction; building products, namely, decorative interior and exterior cellular PVC trim, none of the foregoing being composed of wood and all of the foregoing being composed exclusively of cellular PVC" in International Class 19
Why this decision is significant
The reversed member of the precedential consolidated KLEER opinion: the Office must prove consumers actually attach the misdescribed ‘clear wood’ meaning to the goods at issue — lumber-grading evidence could not condemn KLEER for synthetic cellular-PVC mouldings. Shared rating across the three-application cluster.
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
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