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Paper No* 47 EWH/kk THIS DISPOSITION IS NOT CITABLE AS PRECEDENT OF THE TTAB JAN* 10 00 U*S* DEPARTMENT OF COMMERCE PATENT AND TRADEMARK OFFICE Trademark Trial and Appeal Board Chock Full O Nuts Corp* v* Calgene Inc* Opposition No* 98 607 to application Serial No* 74/559 147 filed on August 10 1994 Sonja Keith of Temko Temko for Chock Full O Nuts Corp* John M. Wilke of Monsanto Company for Calgene Inc* Before Hanak Hairston and Bottorff Administrative Trademark Judges. Opinion by Hanak...
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. Bottom, Administrative Trademark Judge: The issue before us is whether the mark CHOCK FULL O'NUTS, sought by Celgene, Inc. (the "applicant") for pharmaceuticals, has acquired distinctiveness under Section 2(f) of the Trademark Act. The opposer, Chock Full O'Nuts Corp. (the "opposer"), a maker of coffee products, claims that the mark has become associated with its own goods in the minds of the relevant consuming public as a result of its own extensive and continuous use of the mark, and that the mark is therefore not eligible for registration. After carefully considering the evidence and arguments presented by the parties, we find that the opposer has not established that the mark has acquired distinctiveness as to the applicant's goods. The opposer has not demonstrated that its use of the mark has been sufficiently long and continuous to associate it with its goods in the minds of the relevant consumers. Furthermore, we find that the opposer has not presented sufficient evidence of actual consumer recognition of the mark as a source indicator for its goods. Accordingly, we find that the mark CHOCK FULL O'NUTS is eligible for registration on the Principal Register in connection with the applicant's goods.

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47 ewhkk this disposition is a form used for reporting a specific type of financial transaction.
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