Avedis Zildjian Co.

Trademark Trial and Appeal Board

Jan 19, 1999

No. 75061491 (T.T.A.B. Jan. 19, 1999)

Paper No. 10
RLS/cv
THIS DISPOSITION IS NOT CITABLE
AS PRECEDENT OF THE TTAB JAN. 19,99
U.S. DEPARTMENT OF COMMERCE
PATENT AND TRADEMARK OFFICE
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Trademark Trial and Appeal Board
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In re Avedis Zildjian Co.
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Serial No. 75/061,491
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Timothy A. French of Fish & Richardson P.C. for Avedis
Zildjian Co.
Richard A. Straser, Trademark Examining Attorney, Law
Office 104 (Sidney Moskowitz, Managing Attorney).
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Before Simms, Hairston and Bucher, Administrative Trademark
Judges.
Opinion by Simms, Administrative Trademark Judge:
Avedis Zildjian Co. (applicant), a Massachusetts
corporation, has appealed from the final refusal of the
Trademark Examining Attorney to register the mark ENSEMBLE
SERIES, for musical instruments-—namely, drumsticks.1 The

1 Application Serial No. 75/061,491, filed February 23, 1996,
based upon applicant’s claim of use of the mark in commerce since
Serial No. 75/061,491
2
Examining Attorney has refused registration under Section
2(d) of the Act, 15 U.S.C. §1052(d), on the basis of
Registration No. 1,111,734, issued January 23, 1979
(combined Sections 8 and 15 filed) for the mark ENSEMBLE
for “percussion musical instruments-namely, drum heads.”2
It is applicant’s position that the word “ensemble”
has a well-recognized meaning connected to music including
“a group producing a single effect: as a: concerted music
of two or more parts” and “the musicians engaged in the
performance of a musical ensemble.” Accordingly, applicant
argues that the cited mark ENSEMBLE is highly suggestive as
used in connection with musical instruments and that the
scope of protection accorded such a highly suggestive mark
is quite limited. Applicant has not presented any
arguments that the goods of applicant and registrant are
not related.
We agree with the Examining Attorney that confusion is
likely. With respect to the goods, drumheads are the
portions of the drums which are struck by drumsticks.
There can be no doubt, therefore, that the goods are

at least as early as 1993. Pursuant to request, applicant
submitted a disclaimer of the word “SERIES” apart from the mark
as shown.
2 As the Examining Attorney has noted in his appeal brief, a
drumhead is defined by Webster’s New World Dictionary of American
English (3rd ed. 1988) as “the membrane stretched over the open
end or ends of a drum.”
Serial No. 75/061,491
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closely related and would, in fact, be used together.
While applicant’s attorney and the Examining Attorney
differ on the strength or weakness of the cited mark (the
Examining Attorney contending that ENSEMBLE is arbitrary as
applied to drumheads and the applicant arguing that it is
highly suggestive), we agree that the respective marks,
which we regard as only slightly suggestive of the goods
with which they are used, are sufficiently similar that
confusion is likely. The marks ENSEMBLE and ENSEMBLE
SERIES create similar commercial impressions. The addition
of the descriptive and disclaimed word “SERIES” to
registrant’s mark is not sufficient to overcome a
likelihood of confusion. Purchasers, aware of registrant’s
ENSEMBLE drumheads, who then see applicant’s related goods
sold under the mark ENSEMBLE SERIES, are likely to believe
that these goods come from the same source. We have
considered applicant’s other arguments, including the
existence of two registrations for musical instruments
which include the term “ENSEMBLE.” Suffice it to say that
they are not evidence that the public is familiar with them
and do not overcome the refusal of the Examining Attorney.
Decision: The refusal of registration is affirmed.
Serial No. 75/061,491
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R. L. Simms
P. T. Hairston
D. E. Bucher
Administrative Trademark Judges,
Trademark Trial and Appeal Board