United States Patent and Trademark Office OG Notices: 26 March 2002
Summary of Final Decisions Issued by the Trademark Trial and Appeal Board February 11-15, 2002 Date Type of Proceeding Issued Case (1) or App'n No. Party/Parties 2-12 OPP 112,571 Magno-Humphries Laboratories, Inc. v. Leiner Health Products Inc. and Leiner Health Services Corp. 2-12 EX 75/153,801 Stephanie M. Fredericks 2-13 EX 75/848,515 Accu-fit Clubfitting Inc. 2-13 EX 75/894,470 Tone Products, Inc. 2-13 EX 75/464,801 Gary R. Johnson Opposer's/ Applicant's/ Petitioner's Respondent's TTAB Mark and Mark and Issue Decision Goods/Services Goods/Services 2(d) Opposition "OPTIMUM" "OPTIMUM SOURCE" Sustained [dietary and [vitamins and nutritional dietary food supplements] supplements] 2(d) Refusal "FLORENA" Affirmed [toiletries, namely, non- medicated creams for face, hands, body and feet, personal deodorants, non- medicated shampoo and conditioner] 2(e)(1) Refusal "SWING COEFFICIENT" Reversed [services in the area of fitting golf clubs for individuals] 2(d) Refusal "PIT BOSS" Affirmed [steak sauce and barbecue sauce] whether the Refusal applicant's Affirmed "GLIDETEXT" identification [printed text that of goods is may be used in all acceptable types of printed materials; electronic text that may be used in all types of electronic publications] Mark and Citable as Goods Cited by Precedent Examining Atty. of TTAB No "FLORENE" No [perfume and cologne, skin soaps, essential oils for use in manufacturing cosmetics and perfume, and cosmetics, namely, foundation make-up, blushes and eyeliners] No "PIT BOSS" No [restaurant and pub services] Yes (1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION; (MD)=MOTION TO DISMISS; (MR)=MOTION TO REOPEN