kistner concrete products inc v contech arch

Kistner Concrete Products, Inc. v. Contech Arch ...

Kistner Concrete Products, Inc. filed, on December 28, 2007, a petition to cancel a registration on the. Supplemental Register owned by Contech Arch Technologies, Inc. of the designation shown below. Cancellation No. 92048733. for precast concrete bridge unit for constructing a bridge.

get price

The TTABlog ® : Precedential No. 2: TTAB Cancels ...

Feb 07, 2011  Kistner Concrete Products, Inc. v. Contech Arch Technologies, Inc., 97 USPQ2d 1912 (TTAB 2011) [precedential]. According to the challenged registration, "[t]he mark consists of the configuration of a one-piece open bottom bridge unit, with parallel spaced vertical side walls connected by an arched top wall and having sharp outside corners and a ...

get price

Trademark on Supplemental Register cancelled on ...

In Kistner Concrete Products Inc v Contech Arch Technologies Inc (Cancellation 92,048,733, January 25 2011), the Trademark Trial and Appeal Board (TTAB), in a 57 -page precedential opinion, has cancelled a design mark that covered the product configuration of a ³pre -cast concrete

get price

UNITED STATES PATENT AND TRADEMARK OFFICE Trademark

(competitor has standing to challenge registration); Kistner Concrete Products, Inc. v. Contech Arch Technologies, Inc. , 97 USPQ2d 1912, 1918 (TTAB 2011) (same);

get price

UNITED STATES PATENT AND TRADEMARK OFFICE Trademark

Kistner Concrete Products, Inc. v. Contech Arch Technologies, Inc., 97 USPQ2d 1912, 1920 (TTAB 2011); In re Dietrich, 91 USPQ2d 1622, 1627 (TTAB 2009). Here, we also consider the technical information introduced into the record by the examining attorney and applicant. Applicant states that “its mark has not been the

get price

THIS OPINION IS NOT A PRECEDENT OF THE T.T.A.B.

See Kistner Concrete Products Inc. v. Contech Arch Technologies Inc., 97 USPQ2d 1912, 1927 (TTAB 2011), citing Stuart Spector Designs v. Fender Musical Instruments, 94 USPQ2d 1549, 1572 (TTAB 2009)(“‘Look for’ advertising refers to advertising that directs the potential consumer in no uncertain terms to look for a

get price

COPYRIGHT REGISTRATION – A MUST HAVE FOR

Kistner Concrete Products, Inc. v. Contech Arch Technologies, Inc., No. 92048733, TTAB (2011). Represented a concrete construction company in a cancellation proceeding against a trademark registration for a concrete arch shape. In a precedential decision, the Trademark Trial and Appeal Board cancelled the registration on the grounds the mark was

get price

UNITED STATES PATENT AND TRADEMARK OFFICE

(competitor has standing to challenge registration); Kistner Concrete Products, Inc. v. Contech Arch Technologies, Inc. , 97 USPQ2d 1912, 1918 (TTAB 2011) (same);

get price

UNITED STATES PATENT AND TRADEMARK OFFICE

Kistner Concrete Products, Inc. v. Contech Arch Technologies, Inc., 97 USPQ2d 1912, 1920 (TTAB 2011); In re Dietrich, 91 USPQ2d 1622, 1627 (TTAB 2009). Here, we also consider the technical information introduced into the record by the examining attorney and applicant. Applicant states that “its mark has not been the

get price

THIS OPINION IS NOT A PRECEDENT OF THE T.T.A.B.

See Kistner Concrete Products Inc. v. Contech Arch Technologies Inc., 97 USPQ2d 1912, 1927 (TTAB 2011), citing Stuart Spector Designs v. Fender Musical Instruments, 94 USPQ2d 1549, 1572 (TTAB 2009)(“‘Look for’ advertising refers to advertising that directs the potential consumer in no uncertain terms to look for a

get price

COPYRIGHT REGISTRATION – A MUST HAVE FOR

Kistner Concrete Products, Inc. v. Contech Arch Technologies, Inc., No. 92048733, TTAB (2011). Represented a concrete construction company in a cancellation proceeding against a trademark registration for a concrete arch shape. In a precedential decision, the Trademark Trial and Appeal Board cancelled the registration on the grounds the mark was

get price

UNITED STATES PATENT AND TRADEMARK OFFICE

quotations omitted); accord Kistner Concrete Products, Inc. v. Contech Arch Technologies, Inc., 97 USPQ2d 1912, 1920 (TTAB 2011); and In re Dietrich, 91 USPQ2d 1622, 1627 (TTAB 2009). Here, we also consider the technical information introduced into

get price

Trademarks: Utilitarian and Aesthetic Functionality

Kistner Concrete Products, Inc. v. Contech Arch Technologies, Inc., 97 USPQ2d 1912 (TTAB 2011) •Patents establish prima facie functionality. •Damaging advertising: “Curved top surface sheds water and salts to increase life cycle length.”

get price

February 2011 - The TTABlog®

Feb 28, 2011  Kistner Concrete Products, Inc. v. Contech Arch Technologies, Inc., 97 USPQ2d 1912 (TTAB 2011) [precedential]. According to the challenged registration, "[t]he mark consists of the configuration of a one-piece open bottom bridge unit, with parallel spaced vertical side walls connected by an arched top wall and having sharp outside corners and a ...

get price

Stretching Trademark Laws To Protect Product Design And ...

Apr 03, 2012  The configuration of a concrete bridge unit (see illustration 7), ... specify the particular features of the applied-for configurations that serve to identify and distinguish applicant's products from those of others); In re Sandberg Sikorski ... Kistner Concrete Prods., Inc. v. Contech Arch Techs., Inc., 97 U.S.P.Q.2d 1912, 1924 (T.T.A.B ...

get price

澳洲商標註冊程序 - report.nat.gov.tw

Kistner Concrete Products, Inc. v. Contech Arch Technologies, Inc., 97 USPQ2d 1912 (TTAB 2011) 商標權人Contech公司於2002年獲准註冊在輔助註冊簿如上圖之商標,指定使用於建造橋樑或涵洞橋之預鑄混凝土支架。Kistner公司於2007年提起撤銷之訴,主張該商標為純粹功能性商標。

get price

Kistner Concrete Products

Kistner Concrete Products, Inc. 401k Rating by BrightScope. Kistner Concrete Products, Inc. 401k Retirement Trust Fund is a defined contribution plan with a profit sharing component and 401k feature. Kistner Concrete Products, Inc. 401k Retirement Trust Fund currently has over 100 active participants and over $ in plan assets.

get price

Protecting Non-Traditional Trademarks Under Trademark ...

Feb 18, 2014  Consumer products with an intrinsic utilitarian function are protectable “only if, and only to the ... Kistner Concrete Products, Inc. v. Contech Arch Tech., Inc. (TTAB 2011) ... Nextel Comm., Inc. v. Motorola, Inc. (TTAB 2009) “The mark consists of an

get price

Non Traditional Trademarks: Sound, Color, Shape, Scent

Kistner Concrete Products, Inc. v. Contech Arch Tech., Inc. (TTAB 2011), finding Supplemental Registration of a configuration for “a one-piece open bottom bridge unit, with parallel spaced vertical side walls connected by an arched top wall and having sharp outside corners and a width substantially greater than its length” for “precast ...

get price

PRINT - MPEP

Rodriquez, 99 USPQ2d 1873, 1876 (TTAB 2011) (promoter or manufacturer of goods labeled with the same indication of geographic origin where plaintiff does not have a pending application, is not using the term in the United States, and is not required to being using the term at all); Kistner Concrete Products Inc. v. Contech Arch Technologies ...

get price

General Global Week in Review 14 Feb 11 from IP Think Tank ...

Feb 14, 2011  Precedential no. 2: TTAB cancels supplemental registration for shape of culvert unit due to functionality: Kistner Concrete Products, Inc. v. Contech Arch Technologies, Inc. Test your TTAB judge-ability: Is “MONSTER” merely descriptive of automotive accessories? US Trade Marks – Lawsuits and strategic steps

get price

COPYRIGHT REGISTRATION – A MUST HAVE FOR

Kistner Concrete Products, Inc. v. Contech Arch Technologies, Inc., No. 92048733, TTAB (2011). Represented a concrete construction company in a cancellation proceeding against a trademark registration for a concrete arch shape. In a precedential decision, the Trademark Trial and Appeal Board cancelled the registration on the grounds the mark was

get price

February 2011 - The TTABlog®

Feb 28, 2011  Kistner Concrete Products, Inc. v. Contech Arch Technologies, Inc., 97 USPQ2d 1912 (TTAB 2011) [precedential]. According to the challenged registration, "[t]he mark consists of the configuration of a one-piece open bottom bridge unit, with parallel spaced vertical side walls connected by an arched top wall and having sharp outside corners and a ...

get price

Non Traditional Trademarks: Sound, Color, Shape, Scent

Kistner Concrete Products, Inc. v. Contech Arch Tech., Inc. (TTAB 2011), finding Supplemental Registration of a configuration for “a one-piece open bottom bridge unit, with parallel spaced vertical side walls connected by an arched top wall and having sharp outside corners and a width substantially greater than its length” for “precast ...

get price

PRINT - TBMP

Al Johnson’s Swedish Restaurant Butik Inc., 101 USPQ2d 1780, 1783-84 (TTAB 2012) (petitioner failed to relate claim of functionality of goats on a roof to respondent’s restaurant and gift shop services); Kistner Concrete Products Inc. v. Contech Arch Technologies Inc., 97 USPQ2d 1912, 1918-19 (TTAB 2011) (registration on Supplemental ...

get price

PRINT - MPEP

See, e.g., Fiserv, Inc. v. Electronic Transaction Systems Corp., 113 USPQ2d 1913, 1916 (TTAB 2015 ... Kistner Concrete Products Inc. v. Contech Arch Technologies Inc., 97 USPQ2d 1912, 1915 (TTAB 2011) (parties stipulated to authenticity of produced documents ... Hayes Microcomputer Products, Inc. v. Business Computer Corp., 219 USPQ 634 ...

get price

Stretching Trademark Laws To Protect Product Design And ...

Apr 03, 2012  The configuration of a concrete bridge unit (see illustration 7), ... specify the particular features of the applied-for configurations that serve to identify and distinguish applicant's products from those of others); In re Sandberg Sikorski ... Kistner Concrete Prods., Inc. v. Contech Arch Techs., Inc., 97 U.S.P.Q.2d 1912, 1924 (T.T.A.B ...

get price

澳洲商標註冊程序 - report.nat.gov.tw

Kistner Concrete Products, Inc. v. Contech Arch Technologies, Inc., 97 USPQ2d 1912 (TTAB 2011) 商標權人Contech公司於2002年獲准註冊在輔助註冊簿如上圖之商標,指定使用於建造橋樑或涵洞橋之預鑄混凝土支架。Kistner公司於2007年提起撤銷之訴,主張該商標為純粹功能性商標。

get price

Kistner Concrete Products

Kistner Concrete Products, Inc. 401k Rating by BrightScope. Kistner Concrete Products, Inc. 401k Retirement Trust Fund is a defined contribution plan with a profit sharing component and 401k feature. Kistner Concrete Products, Inc. 401k Retirement Trust Fund currently has over 100 active participants and over $ in plan assets.

get price

General Global Week in Review 14 Feb 11 from IP Think Tank ...

Feb 14, 2011  Precedential no. 2: TTAB cancels supplemental registration for shape of culvert unit due to functionality: Kistner Concrete Products, Inc. v. Contech Arch Technologies, Inc. Test your TTAB judge-ability: Is “MONSTER” merely descriptive of automotive accessories? US Trade Marks – Lawsuits and strategic steps

get price

Recent cases show that utilitarian functionality is a ...

Jun 15, 2012  See Seirus Innovative Accessories, Inc. v. Gordini U.S.A., Inc., 2012 WL 368044 (S.D. Cal. Feb. 3, 2012) (court found patent invalid but held that patent nonetheless supported finding of ...

get price

Oppositions and Cancellations

Al Johnson’s Swedish Restaurant Butik Inc., 101 USPQ2d 1780, 1783-84 (TTAB 2012) (petitioner failed to relate claim of functionality of goats on a roof to respondent’s restaurant and gift shop services); Kistner Concrete Products Inc. v. Contech Arch Technologies Inc., 97 USPQ2d 1912, 1918-19 (TTAB 2011) (registration on Supplemental ...

get price

In re National Presto Industries, Inc.

In re Morton-Norwich Products, Inc., 671 F.2d 1332, 213 USPQ 9, 15 (CCPA 1982). As a guide to analysis, it e nunciated the following four factors, which ... (Fed. Cir. 1984); Kistner Concrete Prod. Inc. v. Contech Arch Technologies, Inc., 97 USPQ2d 1912, 1924 (TTAB 2011) (utility patents weighed against design patents).

get price

Jensen Precast - Precast Concrete Manufacturer Serving ...

Jensen Precast is among the largest independently owned precast concrete companies in the United States. Precast concrete is our only business, and our 50 years of expertise reflects that singular concentration. We design and manufacture standard and custom precast concrete products to meet large-scale infrastructure demands for highway ...

get price

Contech arch culverts" Keyword Found Websites Listing ...

Kistner Concrete Products, Inc. v. Contech Arch . Ttabcenter DA: 14 PA: 50 MOZ Rank: 73. Filed, on December 28, 2007, a petition to cancel a registration on the; Supplemental Register owned by Contech Arch Technologies, Inc; For precast concrete bridge unit for constructing a bridge.

get price