Decisions · 86079474
In re Tapco International Corporation
Serial No. 86079474 · Decided 2017-04-28 · Other
What happened
The Board let Tapco’s application for KLEER TRIMBOARD move forward for cellular PVC lumber and exterior trim (fascia, soffits, corner boards and the like), finding that even though KLEER sounds like “clear,” no evidence showed buyers carry the knot-free “clear wood” meaning over to synthetic, non-wood products, so the name was not proven deceptive.
The marks
Applicant
KLEER TRIMBOARD
"Non-metal building products, namely, lumber made of manmade and synthetic materials, namely, cellular PVC; lumber of manmade and synthetic materials, namely, cellular PVC, for use as fascia, rakes, band boards, corner boards, frieze boards, casings, soffits; non-metal architectural mouldings and exterior finish trim of synthetic and manmade materials, namely, cellular PVC; non-metal decorative exterior mouldings and decorative exterior trim of synthetic and manmade materials, namely, cellular PVC, for use in building construction; building materials, namely, cellular PVC trim, none of the foregoing being composed of wood and all of the foregoing being exclusively composed of cellular PVC" in International Class 19
Why this decision is significant
Reversed alongside KLEER MOULDINGS in the precedential consolidated KLEER opinion on identical reasoning — no evidence consumers carry the knot-free ‘clear wood’ meaning to synthetic cellular-PVC lumber and trim. 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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