throbber
BULKY DOCUMENTS
`(exceeds 300 pages)
`
`Proceeding] Serial No: 7 051 of 7
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`Filed:
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`441 v~9~el ~ 0 *7
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`Title:
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`2 -, eesjr
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`=—€c« />10/8/A Let]
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`

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`IN THE UNITED STATES PATENT
`
`TRADEMARK OFFICE
`
`Applicant: Nextten Stauer, LLC
`
`Our Reference No.: 10718.30
`
`Serial No.:
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`78/602,017
`
`Examiner: Kristin M. Dahling
`
`Law Office:
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`1 13
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` CERTIFICATE OF MAILING 37 C.F.R. 1.8
`
`I hereby certify that this conesponduice is being deposited with t
`U.S. Postal Service as First Class Muffin an envelope add -c 3 e -

`7
`CommissionerforTrademarks .0. Box 1451.
`
`
`
`Filed:
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`April 5, 2005
`
`Mark:
`
`DIAMONDAURA
`
`Commissioner of Trademarks
`P.O. Box 1451
`
`Alexandria, VA 22313-1451
`
`RE§ QUEST FOR RECONSIDERATION
`
`This Request for Reconsideration is made in response to the Final Office Action that was
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`issued on December 20, 2006.
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`SUBSTANTIVE REFUSAL
`
`REMARKS
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`The Examining Attomey maintained her refusal
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`to register Nextten Stauer, LLC’s
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`(“Applicant”) DIAMONDAURA mark in connection with “jewelry primarily comprised of
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`simulated diamonds and gemstones” (Applicant’s Goods). Specifically, the Examining Attorney
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`maintains that Applicant’s DIAMONDAURA mark is deceptive because its mark contains the
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`term “diamond” and its product is not a mined diamond rather it is a simulated diamond.
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`Relying on the Federal Trade Commission’s (“FTC’) Guide for the Jewelry, Precious Metals,
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`and Pewter Industries (the “Guide”), the Examining Attorney contends that only products with
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`the characteristics enumerated in the Guide qualify to include the term “diamond” as part of a
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`trademark. Respectfully,
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`the Examining Attorney has misinterpreted the requirements for
`
`Illlllllllllllllllllllllllllllllllllllllllllllll
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`O6-22-2007
`u.s Panaruoum Mal Piano: :34
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`

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`deception under the Lanharn and; therefore, did not present sufficient evidence to support her
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`position that Applicant’s mark should be refused registration under Section 2(a). Applicant
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`respectfully requests that the Examining Attorney withdraw her refusal to register Applicant’s
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`DIAMONDAURA mark and issue a Notice of Publication.
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`ARGUMENT
`
`I.
`
`_ THE EXAMINING ATTORNEY HAS IMPROPERLY DISSECTED APPLlCANT'S SUGGESTIVE
`DIAMONDAURA MARK
`
`Applicant fiilly recognizes that the Lanham ‘Act prohibits the registration of deceptive
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`matter. Lanharn Act § 2(a), 15 U.S.C. § l052(2)(a) (2007). However, the Board did not state, as
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`represented by the Examining Attorney in American Speech-Language-Hearing Assoc. v. Nat ’l
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`Hearing Aid Assoc., 224 U.S.P.Q. 798 (T.T.A.B. 1984), that “deception may be found ‘where the
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`offending word has been combined with a suggestive term and even where the significance of
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`the mark as a whole is not entirely clear.”-’ 224 U.S.P.Q. at 808; Final Office Action p. 2.
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`Furthermore, the Board did not state that an Examining Attorney may dissect an applicant’s
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`mark in order to analyze a mark for deception.
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`Ia’.
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`It is well-settled law, that a mark is deceptive flly if the following three questions are
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`answered in the affirmative:
`
`1.
`
`2.
`
`3.
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`Is the term rnisdescriptive of the character, quality, function, composition, or use
`of the goods;
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`If so, are prospective purchasers likely to believe that the misdescription actually
`describes the goods; and
`
`is the misdescription likely to affect
`If so,
`“Deception Test”)?
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`the decision to purchase (the
`
`In re Budge Mfg. Co., Inc., 857 F.2d 773, 775 (Fed. Cir. 1988). The United States Supreme
`
`Court has stated: “The commercial impression of a trademark is derived from it as a whole, not
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`

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`from its elements separated and considered in detail. For this reason it should be considered in
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`its entirety.” Estate of P.D. Beckwith, Inc. v. Commissioner of Patents, 252'U.S. 538, 545-46
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`(1920). The statement is known as the “anti-dissection rule.” While it is not a violation of the
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`anti-dissection rule for an Examining Attomey to consider and weigh parts of a mark, the
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`ultimate determination of whether a mark is misdescriptive must be made on the basis of the
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`mark in its entirety. See In re Oppedahl & Larson LLP, 373 F.3d 1171, 1174 (Fed. Cir. 2004);
`
`In re Hester Industries, Inc., 230 U.S.P.Q. 797, n. 5 (T.T.A.B. 1986) (THIGHSTIX for boneless
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`chicken parts was held not to be a descriptive composite) (emphasis added).
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`The Examining Attorney has stated that Applicant’s mark “also meets the first prong of
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`the more simple test for deceptive marks under Section 2(a), because the term DIAMOND
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`misdescribes applicant’s goods which are not comprised primarily of diamonds.” Applicant’s
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`mark is DIAMONDAURA not DIAMOND. This statement demonstrates that the Examining
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`Attorney did not consider Applicant’s mark in its entirety when making the determination of
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`whether Applicant’s mark is misdescriptive, which violates the anti-dissection rule.
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`When the United States Supreme Court created the anti-dissection rule, it did not exempt
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`matters falling within Section 2(a), and Congress has not amended Section 2(a) to exempt the
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`provisions contained therein from the anti-dissection rule. Furthermore, there is no case law
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`holding that matters falling within Section 2(a) are exempt from the anti-dissection rule.
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`Therefore, Examining Attorneys must
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`follow the anti-dissection rule when applying the
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`Deception Test.
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`In other words, it is improper to only consider a portion of a mark when
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`applying the Deception Test.
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`The term “aura” means: “a distinct but intangible quality that seems to surround a person
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`or thing .
`
`.
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`. .” See Exhibit 1. The Examining Attorney never addressed the term “aura” in her
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`

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`Final Refusal except to make the conclusory and incorrect statement that “the word AURA does
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`not qualify the term diarnon .” See Final Office Action pp. 2-3. Applicant’s description of
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`goods expressly states that its goods are “simulated” diamonds and gemstones. The phrase
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`“simulated diamond” is commonly known by the consuming public to mean an object simulating
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`the appearance of a mined diamond that is created by humans in a lab and is not a mined
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`diamond. See, infra, Exhibits 2 — 27.
`
`Applicant coined the term DIAMONDAURA to suggest the brilliance of Applicant’s
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`Goods without actually describing the character, quality, function, composition, or use of a
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`simulated diamond. Consumers will understand from Applicant’s Mark that Applicant’s Goods
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`are brilliant and high quality simulated diamonds and will not make the illogical conclusion that
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`Applicant’s Goods are mined diamonds. Therefore, Applicant’s DIAMONDAURA mark is
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`suggestive of Applicant’s Goods.
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`Indeed, on numerous occasions,
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`the United States Patent and Trademark Office
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`(“USPTO”) has determined that coupling the term “diamond” with other terms can create a
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`suggestive and non-deceptive mark worthy of registration on the Principal Register when used in
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`connection with simulated diamonds. The following list is a representative sample of marks that
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`are registered or were registered on the Principal Register, or were issued a Notice of Allowance
`
`in connection with simulated diamonds that incorporate the term “diamond” as part of the mark:
`
`
`
`Serial No.
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`DIAMONDIQ
`
`78639843
`
`Diamonique Corporation
`
`
`Simulated gemstones, namely,
`Diamonique Corporation
`
`
`white and colored simulated
`gemstones including simulated
`
`diamonds
`
`Simulatedgemstones,namely,
`
`
`
`
`white and colored simulated
`
`gemstones including simulated
`diamonds
`
`

`
`
`Jewelry with or without
`precious, semiprecious,
`simulated or s
`thetic stones
`
`
`
`
`
`
`
`
`
`
`
`Diamonair Usa, Inc.
`
`Diamonair Usa, Inc.
`
`
`
`Jewelry - namely, rings,
`pendants, brooches, pins,
`earrings, bracelets, anklets,
`chains, necklaces, cuff links, tie
`tacs, and tie clasps, with or
`without precious, semiprecious,
`simulated or s
`thetic stones
`
`78365990
`
`I
`
`2930801
`
`
`
`DIAMOND
`HYBRID
`
`78274946
`
`DIAMOND IQ 76299772
`
`DIAMONDIQ
`
`76299754
`
`DIAMONICE
`
`1626466
`
`DIAMONESK
`
`1463424
`
`DIAMONIQUE 1538103
`
`
`
`
`
`Reese, Kim/J.
`Read, Steven/R.
`
`
`
`Wholesale distributorships
`featuring loose simulated
`diamond stones and finished
`
`
`
`
`
`Simulated gemstones, namely,
`
`Diamonique Corporation
`
`white and colored simulated
`gemstones, including simulated
`
`diamonds
`
`Jewelry with or without
`Litton Systems, Inc.
`precious, semiprecious,
`simulated or s
`thetic stones
`
`
`Diamonique Corporation
`
`Simulated gemstones, namely,
`white and colored simulated
`
`gemstones, including simulated
`diamonds '
`
`
`
`
`
`
`
`Simulated gemstones, namely
`MSB Industries, Inc.
`
`colored and white simulated
`
`gemstones, including simulated
`diamonds, and jewelry including
`
`said emstones
`Precious stones, namely, colored Diamonique Corporation
`
`
`and white simulated diamonds
`
`
`
`
`
`
`for use in jewelry other than
`school class rings, recognition
`jewelry and sports award
`'ewel
`'
`
`
`
`THREE
`DIAMONDS
`
`1365477
`
`Jewelry and precious stones, not Mitsubishi Shoji Kaisha,
`including diamonds or simulated Ltd.
`diamonds
`
`941458
`
`Simulated diamonds
`
`D. Nagin Mfg. Corp.--
`
`
`
`
`
`
`DIAMOND-
`ITE
`
`843 690
`
`
`
`Fleet National Bank
`
`Imitation gems sold as finished
`articles ofjewelry namely,
`
`finger rings, necklaces,
`
`bracelets, ins and can-in
`
`Gold and silver 'ewel
`;
`
`
`
`Suart Diamond Jewell
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`SDJ SURAT
`
`3089174
`
`
`
`
`
`

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`DIAMOND
`JEWELLERY
`
`costume 'ewel
`
`precious and semi-precious
`stone-studded jewelry; diamond
`and pearl j ewelry, imitation and
`
`See Exhibits 2 - 15. Every mark on this list was registered or issued a Notice of Allowance
`
`without receiving a deceptive refusal or having to specify whether its product possessed the
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`characteristics of diamond listed in the Guide, or was found to not deceive. These marks
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`demonstrate that marks containing the term “diamond” can be and are suggestive of “simulated
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`diamonds” and not deceptive. The successful passage of these “diamond” marks for goods
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`covering “simulated diamonds” on the Principal Register demonstrates that Applicant’s
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`DIAMONDAURA mark is not deceptive and equally worthy of registration on the Principal
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`Register.
`
`In sum, the Examining Attorney improperly focused solely on the DIAMOND portion of
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`Applicant’s DIAMONDAURA mark and did not consider the mark in its entirety when making
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`the ultimate decision that Applicant’s mark was misdescriptive. The AURA portion of
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`Applicant’s mark adds emotional interest and distinctiveness to Applicant’s mark. Because the
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`Examining Attorney focused solely on the DIAMOND portion and failed to consider the entire
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`coined DIAMONDAURA mark, she failed to present evidence sufficient to establish her prima
`
`facie case that Applicant’s mark is misdecriptive.
`
`Indeed, Applicant has not misdescribed its goods because Applicant
`
`is seeking
`
`registration of the DIAMONDAURA mark in connection with jewelry containing simulated
`
` . Applicant honestly and explicitly describes its goods as “jewelry primarily comprised
`
`of simulated diamonds and gemstones.” The focus of Applicant’s mark is on the product’s
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`impression and the human emotion surrounding it, not the product itself. Therefore, there is no
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`
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`

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`misdescription because Applicant’s mark is suggestive of its goods, namely, jewelry containing
`
`simulated diamonds.
`
`Purchasers will not believe that App1icant’s Goods must be mined diamonds simply
`
`because Applicant’s DIAMONDAURA mark contains the term DIAMOND. The listed marks
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`above that
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`incorporate the term “diamond” in connection with simulated diamonds also
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`demonstrate that the market place has conditioned consumers to the use of the term “diamond”
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`or a variation thereof in connection with products that do not possess mined diamonds.
`
`‘In
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`addition, there are many third-party uses of the term “diamond” in connection with simulated
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`diamonds on the Internet. The following is a representative list of third parties using the term
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`“diamond” in connection with simulated diamonds:
`
`T G°°da’Sa'Vi°°i
`
`
`
`Co oration
`
`
`
`°“'“°*
`“““"“
`B°“°‘“‘““”‘“
`l ill
`
`www.a o1lodiamond.com
`
`mond, Inc.
`Simulatod diamonds Ziamond. Inc.
`Simulated diamonds Private
`Re ' stration
`hi11is.o1eve
`
`Simulatod diamonds
`
`‘
`
`Re'stration
`
`Re 'stration
`
`’
`
`wWw.van-g1aff.com
`
`Simulated diamonds
`
`“ad”
`
`Diamonds Inc.
`
`CO .
`
`Grou“‘°
`
`Juan Manuel
`Lozano
`
` F Ill
`
`Galleos
`diamond
`Wwjmarmmwm Simulated diamonds HE IIN XIN
`
`
`
`
`
`
`Apollo Diamond
`
`Diamond
`
`BRILLIANTS
`
`Van Graff Hearts &
`Arrows simulated
`
`

`
`See, Exhibits 16 - 27. These uses demonstrate that consumers are accustomed to encountering
`
`the term “diamond” in connection with simulated diamonds and that they understand the
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`difference between a simulated diamond and a mined diamond.
`
`’Furthermore, the Examining Attorney seriously underestimates the impact price has on
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`the purchase of diamonds. Mined diamonds are valued according to the 4Cs -— Cut, Color,
`
`Clarity, and Carat. Color scores range from D, the best, to Z, the worst and Clarity scores range
`
`from F, the best, to IS3, the worst. See Exhibits 28 -.29. An Internet search for the lowest
`
`valued mined diamond revealed a mined diamond that was M in Color and S13 in Clarity. See
`
`Exhibit 30. This particular mined diamond was approximately 1.0 Carat and the average Carat
`
`price was $1,058.40, which did not include a setting. Id.
`
`I
`
`A 1.0 Carat, simulated diamond sells for $195. See Exhibit 31. Therefore, even a very
`
`» poor quality mined diamond costs about five times more than a simulated diamond of equal size.
`Compare Exhibit. 30 with Exhibit 31. Certainly, a higher quality diamond would sell well in
`
`excess of five times the cost of a simulated diamond. This dramatic price deviation cannot be
`
`ignored by the Examining Attorney, it certainly wouldn’t be ignored by consumers. Therefore,
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`even assuming for the moment one exists, consumers are unlikely to believe or rely on the so-
`
`called “misdescription.”
`
`II.
`
`THE EXAMINING AT'I‘ORNEY HAS IMPROPERLY USED THE FTC GUIDELINES
`
`The Examining Attomey’s reliance on the Guide is misplaced and she appears to
`
`substitute the characteristics of a diamond contained in the Guide for the Deception Test created
`
`by the Federal. Circuit in the Budge case.
`
`In other words, the Examining Attorney appears to
`
`take the position that the term “diamond” may not be used as part of a mark for a jewelry product
`
`that does not possess the characteristics listed in the Guide because this use is per se deceptive.
`
`
`
`

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`On the contrary, the USPTO does not share the Examining Attorney’s position because it has
`
`registered marks that contain the term “diamond” or a similar variation thereof in connection
`
`with simulated diamonds, the Lung goods Applicant sells under its DIAMONDAURA mark.
`
`Indeed, if the Examining Attomey’s position were correct, then almost every mark in
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`International Class 14 that uses the term “silver” is likely deceptive and should have been denied
`
`registration. The Guide states:
`
`“It is unfair or deceptive to mark, describe, or otherwise
`
`represent all or part of an industry product as “silver” .
`
`.
`
`. unless it is at least 925/l,OOOths pure
`
`§jl_vgr.” 16 C.F.R. §23.6 (emphasis added). The following is a representative list of the marks
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`registered or applied for registration in International Class 14 that use the term “silver”:
`
`Registration Goods/Services
`/Serial No.
`
`
`
`
` Forever Silver Limited;
`ETERNAL
`79030842
`Hand tools and implements;
`C/O Swico
`SILVER
`cutlery, knives; forks, spoons,
`teaspoons, sewing utensils, parts
`
`and fittings for all the aforesaid
`
`goods; all made wholly or
`
`principally of silver; precious
`
`metals and their alloys and goods
`.
`
`in precious metals or coated
`
`therewith, not included in other
`
`classes; jewelry, horological and
`
`chronometric instruments;
`
`includes clocks and watches;
`
`costume jewelry; parts and
`
`fittings for all the aforesaid
`
`goods; all made wholly or
`
`principally of silver; stationery;
`
`office requisites (except
`
`furniture); parts and fittings for
`
`all the aforesaid oods
`
`
`SILVER PLUS
`3243672
`Jewelry made in whole or
`Commemorative
`substantial art of silver
`Brands, Inc.
`Jewelry in the nature of rings,
`Goldart International
`bracelets, charms, pendants,
`Inc
`
`necklaces, earrings, watches,
`chains, pins, badges of precious
`
`metal, beads for use in the
`
`
`
`
`
`
`
`
`
`SILVERD'SIGN 3240865
`
`
`
`
`
`-9-
`
`

`
`made in whole or in significant artofsilver
`
` manufacture ofjewelry, brooches,
`
`buckles for watchstraps, watch
`winding buttons, crosses,
`crucifixes, cuff links, lockets,
`charms of saint christopher, star
`of david charms, tie clips, tie
`slides, tie pins, ashtrays and
`cigarette boxes of precious metal,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`J & J SILVER
`
`78860481
`
`Silver and its allo s
`
`J & J Silver
`
`Sterling silver jewelry, namely,
`rings, bracelets, necklaces,
`charms, earrings, anklets,
`brooches, endants
`
`
`
`
`
`
`
`
`
`
`
`L.A. Gem And
`
`Jewelery Design, Inc.
`
`
`
`Richard Foster
`Hughes, II
`
`
`
`Jewelry made of gold, silver and
`sterling silver, namely, pendants,
`earrings, rings, bangles, chains,
`bracelets, necklaces, brooches
`and anklets
`
`
`
`Jewelry made in whole or
`substantial art of silver
`
`Bel-Oro International,
`Inc.
`
`
`
`Adriana Esca1ante-
`Calderon
`
`3224291
`
`78856064
`
`78859065
`
`3164278
`
`'
`
`SILVER ‘
`
`STERLING
`SILVER
`SHOPPE
`
`SILVER
`CANYON
`
`
`
`
`
`BABY SILVER
`
`-‘Irina’-oftnuma imvdi
`
`Sterling silver flatware; items
`
`
`made of sterling silver, with or
`without other elements, including
`
`precious stones and semi-precious
`
`stones, beads, decorative plastic,
`
`wood and crystal, namely,
`
`decorative centerpieces,
`
`bookmarks, candlesticks, baby
`
`rattles, writing instruments,
`
`jewelry, picture frames, plates,
`platters and dishes, tea sets,
`vases, cocktail shakers,
`decorative statues
`
`
`
`
`
`
`
`
`
`SILVERSILK
`‘“S"““‘”"’
`
`SILVER
`
`“-4 “'1"°‘
`
`silver and platinum
`
`Inc.
`
`Jewelrymade in whole or
`
`substantial - art of silver
`
`_
`
`311 1687
`
`Innovations Llc
`
`Godinger Silver Art
`Co., Ltd.
`
`Stainless and silver-plate
`STUDIO
`flatware, namely knives, forks,
`SILVERSMITH
`and - oons' si1ver- lated
`S
`
`
`
`
`
`
`

`
`
`
`
`
`giflware of precious metal,
`namely candlesticks, bowls,
`vases, decorative boxes, and
`
`figurines; silver-plated
`
`hollowware of precious metal,
`
`namely serving ware for serving
`
`food, pitchers, bowls, drinking
`
`vessels, charger plates, vases, and
`
`serving trays; stainless steel
`
`hollowware not of precious metal,
`
`namely serving ware for serving
`
`food, pitchers, bowls, drinking
`
`vessels, charger plates, vases, and servintras
`
`
`
`
`Jostens, Inc.
`
`
`
`SILVER ELITE
`
`3200283
`
`.
`
`‘
`
`Precious metal alloys, namely,
`jewelry alloys consisting of silver
`and platinum sold as a component
`art of 'ewel
`
`§fi]W@m 2881358
`
`Silver trophy coins
`
`Miguel Rocha Mares '
`
`Jewelry made substantially of
`silver; watches
`
`Magnolia Export
`Logistic Ltd.
`
`International Bullion
`And Metal Brokers,
`Inc.
`
`
`
`
`
`
`
`SILVER
`DESIGN
`
`78457474
`
`Sterling silver jewelry and gifts
`
`Barjas, B. Dabbain
`
`ROSE SILVER
`
`3124240
`
`‘
`
`PASSION
`
`Brannen Brothers -
`Flutemakeis, Inc.
`
`Precious metal alloy made of
`
`
`copper, silver and palladiumfor
`use in musical instruments,
`
`namely, flutes and flute parts;
`
`flutes and flute parts, namely,
`
`flute headjoints and bodies made’
`
`of precious metal alloy made of
`
`co - er, silver and u alladium
`
`
`
`
`
`Sterling silver jewelry, namely,
`necklaces, bracelets, earrings,
`rings, pendants, and ankle
`bracelets produced fi'om tuscany
`
`
`
`
`
`g; "
`-
`
`’
`x.-4:,
`TUS
`SILVER
`
`.
`’l‘Ij-
`
`‘
`
`
`
`3121812
`
`3161557
`
`
`
`silver and old lated 'ewel
`"Bridge" quality jewelry,
`specifically pearls, semi-precious
`stones, and silver pieces
`
`
`Kelle Stephens
`
`
`
`
`
`‘
`
`
`
`
`
`~ ‘;.'.»:
`
`,.
`
`'f‘;_"_‘
`
`78280883
`
`_
`
`;
`
`
`
`.
`
`"7 _
`
`
`
`
`
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`

`
`
`Sterling silver and/or gold with or Star-Tex Imports, Inc.
`without precious stone and/or
`D/B/A Silver Express
`
`semi—precious stone in hair pin,
`earring, necklace, pendant, ring,
`bracelet, belt, buckle, and anklet
`
`
`
`
`
`78269210
`
` r " .._.
`
`-.,_\_.; -lug-5'.”
`“‘};':_-r.-.1 mm
`
`_
`
`,.e
`
`
`
`
`
`
`
`
`Bio-Gate Bioinnovative
`Materials Gmbh
`
`
`
`
`
`2855953
`
`
`
`NANOILVER
`BG
`
`
`
`
`
`All purpose disinfecting
`preparations and medicaments
`comprised of oily, non-watery
`and watery suspensions of finely
`dispersed metallic silver, all
`
`purpose disinfecting preparations
`and medicaments comprised of
`oily, non-watery and watery
`suspensions of finely dispersed
`metal; medicated ointments and
`creams containing finely
`
`. dispersed metallic silver for
`pharmaceutical uses; medicated
`
`ointments and creams containing
`
`finely dispersed metal for
`
`pharmaceutical uses;
`pharmaceutical preparations
`
`comprised of powdered silver
`used in antibacterial and anti-
`
`inflammatory applications;
`
`pharmaceutical preparations
`comprised of powdered metal
`
`used in antibacterial and anti-
`inflammatory applications;
`
`common metal in powdered form
`
`for further manufacture;
`
`powdered precious metals;
`o wdered silver
`
`
`
`
`
`78203783
`
`Engravable sterling silver jewelry The Silver Locket, Llc
`and related gift items
`
`:
`
`
`
`Jewelry made substantially of
`silver, not includin watches
`Sterling silver jewelry-- rings,
`earrings, necklaces, bracelets,
`pendants, anklets, lockets,
`watches
`.
`
`Magnolia Export
`Lo 'stics Ltd.
`
`Silver Connection,
`L.L.C., The
`
`
`
`CONNECTION
`"JEWELRY
`FROM
`AROUND THE
`
`
`
`WORLD TO
`
`
`
`
`MAGNOLIA
`SILVER
`‘ SILVER
`
`. 3039869
`
`2821170
`
`

`
`
`
`
`
`
`
`
`
`Non-electric sterling silver tea
`sets; candelabras, candle sticks,
`cups, goblets, salt and pepper
`shakers, napkin rings, and coolers
`
`and decanters for wine or water
`
`sold as a unit and separately all
`
`made ofprecious metal; sterling
`
`silver dress-ware comprised of
`
`brushes, combo and hand-held
`
`mirrors sold as a unit and
`
`separately; sterling silver and
`
`silver-plate serve-ware, namely,
`
`salad tongs, pie servers, cake
`
`servers, serving ladles, bowls and
`
`pitchers; sterling silver and silver-
`
`plate gifcware, namely, picture
`
`frames, dispensers for pills or
`capsules, vases, vanity trays and
`decorative boxes
`
`
`
`Silver jewelry; retail stores
`featuring silver jewelry
`
`James Reigle
`
`Ken Crafi Inc.
`
`
`
`
`
`
`
`
`
`
`
`
`
`Jewelry made in whole or of
`substantial part of silver, namely
`rings, earrings, charms, pendants,
`chains, bracelets, pins, necklaces
`and broaches
`
`A wooden plaque product with
`Trident Corporation
`cutouts for puzzle pieces in the
`shape of a map, especially the
`states of the united states which
`
`KARA SILVER
`
`78155560
`
`'
`
`
`
`2784203
`
`.
`
`SILVER
`AVENUE
`
`78125437
`
`78112874
`
`78100983
`
`HERSHEY I
`LEATHER &
`SILVER
`
`SILVER ANVIL 2773527
`
`
`
`
` Interim Design, Inc,
`
`
`
`
`
`
`
`
`are made from precious metals,
`- eciall sterlin silver.
`
`Silver containing jewelry namely,
`bracelets, rings, necklaces,
`earrings and watchbands; leather
`urses, belts and wallets
`Jewelry; costume jewelry,
`precious metal and non-precious
`metal jewelry, jewelry with and
`without precious gemstones,
`
`precious gemstones, semi-
`
`recious emstones 'ewel
`
`
`
`
`
`
`Metalsmith Master
`
`Architects Of Jewelry
`Inc.
`
`
`
`
`
`

`
`
`
`
`
`namely rings, hair ornaments,
`earrings, bracelets, bangles,
`
`bands, necklaces, pendants, pins,
`
`brooches and body jewelry,
`
`jewelry, namely sterling silver
`
`jewelry, watches, beads, pearls;
`
`retail jewelry store; mail order
`
`services featuring jewelry;
`
`computerized on-line retail
`
`services in the field ofjewelry;
`
`telephone shop at home services
`
`in the field ofjewelry; retail store
`
`services, available through
`
`computer communications,
`
`featurin 'ewel
`
`Costume jewelry made in whole
`or substantial part of silver
`
`SILVERSMITH
`
`78004868
`
`4
`
`SILVER
`STANDARD
`
`77066887
`
`
`
`
`
`ILVER
`REAM
`
`S
`D
`
`76654535
`
`
`
`
`
`
`
` Silversmith, Inc.
`Sterling silver jewelry; chains,
`necklaces, charms, pendants,
`
`
`bracelets, rings, earrings, as well
`
`asbod iercm ewel
`
`Silver Standard
`Precious metals, in particular
`silver; silver metal in the form of Resources Inc.
`
`bars and ingots; retail store
`services and wholesale stores and
`
`distributorships services
`
`concerning precious metals;
`
`mining extraction of precious
`metals; processing, working,
`refining and polishing of precious
`metals
`
`Jewelry made wholly or in part of Silver Dream, L.L.C.
`silver, namely earrings, bracelets,
`necklaces, rings, watches,
`pendants, brooches, chains, pins,
`medallions, cufilinks
`Jewelry, precious stones, costume Pierre Lang Europe
`jewelry, necklaces, bracelets,
`Handelsgesellschafi M.
`brooches, rings, earrings of
`B. H.
`precious metal, cuff links, and tie
`pins, clocks, and chronometers,
`
`all made in whole of significant
`
`. art of silver
`
`
`
`
`
`
`2809861
`
`? 1 e I I e '1 a
`® SilverTrend Coll
`
`
`
`

`
` Commemorative
`Jewelry made in whole or in
`Brands, Inc.
`substantial part of silver and
`
`
`
`
`
`
`
`
` Kohan & Suleminian
`Silver jewelry, namely, rings,
`wrist and ankle bracelets,
`Enterprises, Inc
`
`necklaces, neck chains, wrist
`
`chains, ankle chains, and body
`
`chains, earrings, pins, pendants,
`
`charms cuff links, watch fobs
`
`HERITAGE
`2686004
`Silver-plated vanity sets
`Heritage Mint, Ltd.
`MINT, LTD.
`comprised of mirrors, hair combs,
`SILVERPLATE
`hairbrushes, keepsake boxes, ring
`COLLECTION
`holders, picture frames and photo
`albums; mirrors and picture
`frames
`
`SILVER BLUSH 3024175
`
`
`
`
`
`Sterling silver jewelery namely,
`earings, necklaces, bracelets, hair
`barrets, pendants, belly chains,
`
`
`
`rin s, toe fin - s, ankle bracelets
`Jewelry made substantially of
`silver
`
`Athra Trading, Inc.
`
`John Gilbert Elmassian
`'
`
`
`
`
`
`
`
`' CHARMING
`SILVER
`
`@DuImla
`
`& Sterling Silver
`
`
`3058529
`
`3052784
`
`
`
` by Wheeler
`
`
`
`Frances Claude
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Frances Claude
`
`
`
`
`
`5) $fi?%§ . 76550959
`'
`
`
`
`
`
`
`
`
`76550958
`
`
`
`
`
`
`EVERY CHILD
`CAN BE BORN
`WITH A
`SILVER SPOON
`
`Miniature baby spoon charms,
`being jewelry; miniature baby
`spoons, being jewelry; miniature
`spoons, being jewelry; maternal
`charms, being jewelry; charms,
`being jewelry; gold, silver, and
`costume jewelry; bracelets;
`jewelry chains; necklaces; charm
`bracelets; charms for necklaces;
`pendants; jewelry made of
`precious metals; jewelry
`brooches; earrings; rings, being
`jewelry; pins, being jewelry;
`medallions
`
`
`
`
`Miniature baby spoon charms,
`being jewelry; miniature baby
`spoons, being jewelry; miniature
`spoons, being jewelry; maternal
`charms, being jewelry; charms,
`being jewelry; gold, silver, and
`costume 'ewel
`, bracelets;
`
`
`
`
`
`
`
`
`
`
`
`
`Jewelry made of gold and silver Wheeler Manufacturing
`Co‘, Inc.
`
`

`
`
`
`-
`
`
`
`
`
`Frances Claude
`
`Frances Claude
`
`
`
`
`
`
`
`
`Jeffrey Howard, Inc.
`
`
`
`jewelry chains; necklaces; charm
`bracelets; charms for necklaces;
`pendants; jewelry made of
`precious metals; jewelry
`brooches; earrings; rings, being
`jewelry; pins, being jewelry;
`medallions
`
`
`
`
`
`
`
`
`
`TATTOO
`
`SILVER
`
`,
`
`'ewels and silver on the skin
`
`
`
`
`
`
`
`
`
`
`
`BORN WITH A 76550961
`SILVER SPOON
`
`.
`
`‘
`
`'
`CJIZWWZW
`
`76550960
`
`
`
`76442921
`
`2709130
`
`SILVER AND
`
`
`or a combination of silver and
`
`
`
`
`
`Miniature baby spoon charms,
`being jewelry; Miniature baby
`spoons, being jewelry; miniature
`spoons, being jewelry;-matemal
`charms, being jewelry; charms,
`being jewelry, gold, silver, and
`costume jewelry; bracelets;
`jewelry chains; necklaces; charm
`bracelets; charms for necklaces;
`
`pendants; jewelry made of
`precious metals; jewelry
`
`
`brooches; eanings; rings, being
`jewelry; pins, being jewelry;
`mirrors; medallions
`
`
`
`Miniature baby spoon charms,
`being jewelry; miniature baby
`
`spoons, being jewelry; miniature
`
`
`spoons, being jewelry; maternal
`charms, being jewelry, charms,
`
`
`being jewelry; gold, silver, and_
`
`
`costume jewelry, bracelets;
`
`jewelry chains; necklaces; charm
`bracelets; charms for necklaces;
`
`pendants; jewelry made of
`
`precious metals; jewelry
`brooches; earrings; rings, being
`jewelry; pins, being jewelry;
`mirrors; medallions
`
`Jewelry for pets made
`substantially of silver or other
`
`precious metals, pearls and/or
`
`Jewelry made in whole or
`Ag Artwear, Inc.
`substantialpartofsilverorgold
`
`
`
`
`GOLD
`
`
`EXTRAORDIN
`
`

`
`
`
`
`
` Silver plated housewares, namely
`
`Far East Brokers &
`. Consultants, Inc.
`
`
`
`Jewelry made in whole or
`substantial art of silver
`
`Armbrust Intemafional
`Ltd.
`
`
`
`Mu Ventures Limited
`
`candle and wine bottle holders;
`bowls; jewelry boxes; vases;
`goblets; pitchers; napkin ring and
`placecard holders; ring and
`jewelry holders; picture frames;
`
`trinket boxes; salt and pepper
`
`cellars; sugar and cream
`
`containers; toothpick holders; and
`
`tra
`
`
`
`
`
`Jewelry, jewelry chains, amulets,
`Barrocos Of Florida,
`crosses, jewelry boxes of precious
`Inc.
`
`metals, precious gemstones,
`
`precious metal money clips,
`
`precious metals, precious metals
`
`and their alloys sold in bulk,
`
`precious stones, honological and
`
`chronometric instruments, namely
`
`watches, clocks, compasses,
`
`made in whole or significant part
`
`of silver
`
`Jewelry made in whole or in
`Commemorative
`substantial art of silver
`Brands, Inc.
`Jewelry, namely, jewelry made
`Sunstone Imports, Inc.
`wholl or in art of silver
`
`Silver; silver alloys; goods made
`of silver or of silver alloys and
`parts and fittings for all of the
`aforesaid oods
`
`‘b SILVER P1_us
`
`75411192
`
`
`
`SILVER
`SUPREME
`
`2798839 -
`
`2768847
`
`SQCGJEIOH I
`
`SILVER
`
`2809562
`
`76378775
`
`76362193
`
`STERLING
`SILVER
`GENIUS
`
`
`SILVER DUETS 76349119
`
`SELECTElIIIIII
`
`DIVESILVER
`
`2609821
`
`SILVER PARTY 76291892
`INTERNATION
`AL
`
`
`
`
`
`
`
`
`Jewelry made in substantial part
`of silver
`
`Sterling silver jewelry, gold and
`latinum 'ewe
`
`'
`
`Silver jewelry
`
`
`
`IIIIIIIII
`
`
`
`
`
`Bel-Oro International,
`Inc
`
`Peter Stone Co. Usa,
`Inc.
`
`Emanuel Trading
`Corporation
`
`E. Gluck Corporation
`
`Samuel Bert Davis
`
`SILVER
`
`Watches made in whole, or in
`
`substantial - art of silver
`
`SILVERBYGRA 76251677
`M.COM
`‘
`
`Selling sterling silver jewelry and
`sterling silver jewelry set with
`em stones and marcisite
`
`club
`
`
`
`International Ltd.
`
`
`
`

`
`SILVER SNOW 2546881
`CRYSTAL
`
`
`
`Engraved medallions made of
`silver
`
`Sterling silver jewelry and
`accessories silver clothing, silver
`candles or silver colored items
`
`Julie Carr
`
`s. A. Swift, Ltd.
`
` David Biagini
`
`
`
`
`
`
`
`
`SASSY SILVER 76134603
`
`SILVER
`
`DAYDREAM
`
`76119667
`
`ARGENTA
`STERLING
`SILVER
`
`2562443
`
`
`
`Jewelry made in whole or part of Rimar, Inc.
`sterling silver, namely, bracelets,
`ankle bracelets, watches,
`necklaces, earrings, rings,
`pendants, brooches, charms, and
`cuff links
`
`
`
`
`
`
`
`
`-
`

`
`2477763
`
`Silver jewelry
`
`Charles Henry Frieder
`
`Partnershi, The '
`
`
`
`SENOR SILVER 76025195
`244881 8
`
`
`
`
`
`
`
`Tableware, namely, knives, forks, Sounds Of Silver LLC
`spoons, all made of precious
`
`metals; jewelry, namely, lockets,
`
`pendants, earrings, chains and
`
`cords therefor; drinking cups and
`
`baby rattles, all made of precious
`metal; and sterling silver chiming
`bells
`
`
`
`2429208
`
`Gold and silver jewelry
`
`
`
`Rachel Girshick
`
`SILVER.COM
`75945062
`Sterlin; silver 'ewel
`0
`75913633
`Jewelry made in whole or
` d significant part of silver
`
`Coronato International
`Corp.
`
`
`
`
`
`
`Kohan & Suleminian
`‘WV 75888301
`Silverjewelry, namely rings;
`Enterprises, Inc
`s,,,,n<;,:,f,,m,
`wrist and ankle bracelets;
`
`
`necklaces; neck, wrist, ankle and
`body chains earrings; studs; pins;
`
`pendants; charms; cuff links; key
`chains; fobs
`
`
`
`
`
`
`
`
`SILVER
`
`substantial - art of silver
`
`L 0
`
`of silver
`
`America, Inc.
`
`

`
` 75766425
`
`
`P.T. Sumber Cipta
`Gold and silver jewelry, namely,
`rings, hat ornaments ofprecious
`
`
`metal, shoe omaments of precious
`
`metal, earrings, bracelets,
`
`necklaces, brooches, precious
`
`gemstones and tie pins; hairpins
`
`made in whole or significant part
`
`of silver
`
`Jewelry and watches made of or Montgomery Ward, Llc
`in substantial art of silver
`
`
`
`
`
`SILVER
`LEGEND
`
`75763879
`
`
`
`BATIK SILVER 75762357
`
`
`
`P.T. Sumber Cipta
`Gold and silver jewelry, namely,
`rings, hat ornaments ofprecious
`Logam
`
`metal, shoe ornaments of precious
`metal, earrings, bracelets,
`
`necklaces, brooches, precious
`emstones and tie ins; hair
`
`'
`
`
`
`
`Silverjewelry,narnely-pendants,
`
`earrings, rings, bracelets,
`necklaces, ins and anklets
`
`
`Non-electric sterling silver tea
`2955511
`
`sets and candelabras;
`candlesticks, cups, goblets, salt
`and pepper shakers, napkin rings,
`
`coolers and decanters for wine
`
`and water all sold as unit and
`
`separately and all made of
`
`sterling silver; sterling silver
`
`dress ware comprised ofbrushes
`
`and hand-held mirrors all sold as
`
`a unit and separately; sterling
`
`silver and silver-plated serving
`
`ware, namely, salad tongs, pie
`
`servers, cake servers, serving
`
`ladles, bowls and pitchers;
`
`sterling silver and silver-plated
`
`
`gifiware, namely, picture frames,
`
`dispensers for pills or capsules,
`
`vases, vanity t

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