Application of Helena Rubinstein, Inc. (Two Cases)

ALMOND, Judge.

We are confronted here with two separate appeals from a single decision of the Trademark Trial and Appeal Board1 af-firming the examiner’s refusal to register on the Supplemental Register appellant’s marks “PASTEURIZED”2 and “PASTEURIZED” FACE CREAM SPECIAL3 for face cream, on the ground that the word “Pasteurized” was “so highly descriptive as to be incapable of distinguishing the goods.” First use since March 1, 1923 is asserted.

We deem it appropriate to treat and dispose of both appeals in a single opinion.

It is stated in the examiner’s Answer that the testimony in a prior…