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In re Berman Bros. Harlem Furniture Inc.

Trademark Trial and Appeals Board
26 U.S.P.Q.2d 1514 (1993)


Facts

Berman Bros. Harlem Furniture Inc. (Berman) (plaintiff) filed an application to register “Furniture Makers” as a trademark for its furniture-store services, but not for the manufacturing of the furniture itself. This application was denied by the United States Patent and Trademark Office on the basis that the mark was deceptively misdescriptive of the service offered. Berman appealed this decision to the Trademark Trial and Appeals Board (Board).

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

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Issue

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Holding and Reasoning (Rooney, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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