SUMMARY OF FINAL DECISIONS ISSUED BY THE TRADEMARK TRIAL AND APPEAL BOARD

December 16-20, 1996

Date Issued	Type of Case(1)	Proceeding or Appn. No.	Party or Parties	TTAB Panel(2)	Issue	TTAB Decision	Opposer's or Petitioner's Mark and Goods or Services	Applicant's or Respondent's Mark and Goods or Services	Mark and Goods Cited by Examining Attorney	Examining Attorney	Citable as Precedent of TTAB
12-17	EX	74/206,894	Franklin Miller, Inc.	Cissel Quinn* Hohein	whether the term sought to be registered is generic, and, if not, whether it has acquired distinctive-ness and hence is registrable under Sec. 2(f)	Refusal Affirmed (as to both issues)		"DELUMPER" [cutting and sizing units, comprising shredding, chopping and/or crushing devices particularly used for size reduction of agglomerates for use in fluid pipelines]		Lee	No
12-17	EX	74/346,491	The Lane Co., Inc.	Cissel Seeherman* Hanak	2(e)(1)	Refusal Affirmed		"CEDAR BOUTIQUE" [retail furniture store services]		Zak	No
12-17	EX	74/507,920	Gary Klein and Darrell Voss, dba Spartan	Seeherman Hanak Walters*	2(d)	Refusal Affirmed		"SPARTAN" [bicycles]	"SPARTAN" [vehicle tires]	Baxley	No

(1) EX=Ex Parte Appeal; OPP=Opposition; CANC=Cancellation; CU=Concurrent Use; (SJ)=Summary Judgment; (R)=Request for Reconsideration

(2) *=Opinion Writer; (D)=Dissenting Panel Member

SUMMARY OF FINAL DECISIONS ISSUED BY THE TRADEMARK TRIAL AND APPEAL BOARD

December 16-20, 1996 (continued)

Date Issued	Type of Case(1)	Proceeding or Appn. No.	Party or Parties	TTAB Panel(2)	Issue	TTAB Decision	Opposer's or Petitioner's Mark and Goods or Services	Applicant's or Respondent's Mark and Goods or Services	Mark and Goods Cited by Examining Attorney	Examining Attorney	Citable as Precedent of TTAB
12-17	EX	74/553,555	Jado Bathroom and Hardware Mfg. Corp.	Simms Cissel Hanak*	2(e)(1)	Refusal Reversed		"PATINA COLLECTION" [toilet paper and paper towel dispensers, toilet brushes, towel rings, towel racks, towel bars, etc.]		Smith	No
12-18	EX	74/307,611	Universal Furniture Industries, Inc.	Simms* Quinn Walters	2(d)	Refusal Affirmed		"FORM 45" [furniture, namely, modular sections of a sofa]	"FORM⁴" [office furniture, and furniture for enclosing electronic equipment] and "FORM ¹⁴" [furniture for enclosing electronic equipment]	Matthews	No
12-18	EX	74/468,369	American Cereal Corp.	Simms* Quinn Hohein	2(e)(1)	Refusal Affirmed		"GOOD ‘N HEARTY" [breakfast cereals]		Delaney	No
12-18	EX	74/498,406	Norwest Financial, Inc.	Rice Seeherman Hohein*	2(d)	Refusal Affirmed		"BUYLINE" [debit card services in association with revolving lines of credit]	"BUYLINE" [personal banking services consisting of a revolving line of credit that is activated by overdrafts and checking accounts]	Kruse	No

(1) EX=Ex Parte Appeal; OPP=Opposition; CANC=Cancellation; CU=Concurrent Use; (SJ)=Summary Judgment; (R)=Request for Reconsideration

(2) *=Opinion Writer; (D)=Dissenting Panel Member

SUMMARY OF FINAL DECISIONS ISSUED BY THE TRADEMARK TRIAL AND APPEAL BOARD

December 16-20, 1996 (continued)

Date Issued	Type of Case(1)	Proceeding or Appn. No.	Party or Parties	TTAB Panel(2)	Issue	TTAB Decision	Opposer's or Petitioner's Mark and Goods or Services	Applicant's or Respondent's Mark and Goods or Services	Mark and Goods Cited by Examining Attorney	Examining Attorney	Citable as Precedent of TTAB
12-18	EX	74/527,372	Aquagen International Inc.	Simms Hairston* Walters	2(d)	Refusal Reversed		"AQUAGEN" [dietary supplements, namely, oxygen stabilizing supplements for human consumption]	"AQUAGEN" [pharmaceutical preparation for the diagnosis and treatment of allergies]	Charlon	No
12-19	EX	74/204,050	Shana Knitwear, Inc.	Simms Cissel* Seeherman	2(d)	Refusal Reversed		"DECOSPORT" (and design) [women’s and children’s wearable art blank sportswear and unconstructed apparel sold to the craft industry, namely, shirts, pants, skirts, shorts, sweaters and jackets]	"DECO" (and design) [clothing, namely, trousers, shorts, skirts, suits, dresses, jerseys, undershirts, shirts, singlets, waistcoats, cardigans, t-shirts and foulards]	Krebs	No
12-19	EX	74/449,477	Farmland Dairies	Simms Cissel* Walters	2(d)	Refusal Affirmed		"FARMLAND DAIRIES" (and design) [light cream]	"FARMLAND" (and design) [bacon, ham and sausage]; "FARMLAND EXTRA TENDER" [pork products]; "FARMLAND" (and design) [pork products; meat products; beef products; turkey products; etc.]	Bullock	No
12-19	EX	74/473,662	Baldwin Hardware Corp.	Rice Simms Walters*	2(d)	Refusal Affirmed		"ESTATE COLLECTION" [door metal hardware, namely, mortise locks and interior levers and knobs]	"ESTATE SERIES" (and design) [metal storm doors]	Smith	No

(1) EX=Ex Parte Appeal; OPP=Opposition; CANC=Cancellation; CU=Concurrent Use; (SJ)=Summary Judgment; (R)=Request for Reconsideration

(2) *=Opinion Writer; (D)=Dissenting Panel Member

SUMMARY OF FINAL DECISIONS ISSUED BY THE TRADEMARK TRIAL AND APPEAL BOARD

December 16-20, 1996 (continued)

Date Issued	Type of Case(1)	Proceeding or Appn. No.	Party or Parties	TTAB Panel(2)	Issue	TTAB Decision	Opposer's or Petitioner's Mark and Goods or Services	Applicant's or Respondent's Mark and Goods or Services	Mark and Goods Cited by Examining Attorney	Examining Attorney	Citable as Precedent of TTAB
12-20	EX	74/431,340	Joshua Leichtberg	Cissel Hairston* Walters	2(d)	Refusal Affirmed		"BUTT BUSTER" [manually operated exercise equipment for firming portions of the body, namely the buttocks, upper legs, hips and abdomen]	"GUT BUSTER" [manually operated exercise equipment]; "THIGH BUSTER" [manually operated resistance-type exercise equipment]	Horrall	No
12-20	EX	74/551,220	Robert E. Bowen	Seeherman Hanak* Quinn	2(e)(1)	Refusal Affirmed		"CELLULAR DATA" [computer software for storing and analyzing data in a data base]		Blohm	No

(1) EX=Ex Parte Appeal; OPP=Opposition; CANC=Cancellation; CU=Concurrent Use; (SJ)=Summary Judgment; (R)=Request for Reconsideration

(2) *=Opinion Writer; (D)=Dissenting Panel Member

Last Modified: 8/10/98