Application of Mogen David Wine Corporation

ALMOND, Judge.

Mogen David Wine Corporation appeals from the decision of the Trademark Trial and Appeal Board refusing to grant registration on the Principal Register of the configuration of a decanter bottle as a trademark for wines.

*540The application1 drawing depicts the bottle as follows:

Appellant contends that the evidence adduced proves that the mark sought to be registered has acquired, for wines, a secondary meaning. The examiner found the evidence insufficient to support this contention. On appeal the board refused to consider the evidence adduced but held that a then existing, but now…