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

November 18-22, 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
11-19	EX	74/468,255	Fishbones Sand Lake Road, Inc.	Sams Rice Hairston*	2(d)	Refusal Affirmed		"FISHBONES" [restaurant services]	"FISHBONE’S" and "FISHBONE’S RHYTHM KITCHEN CAFE" [restaurant services]	Tsai	No
11-19	EX	74/471,002	TBAC Investments, Inc.	Simms Seeherman* Quinn	2(d)	Refusal Affirmed		"AMERICAN ANGLER" [neckwear]	"ANGLER" [gloves made of fabric and leather]	Greenbaum	No
11-19	EX	74/456,723	Albert Goldberg and Jean-Pierre Benaym	Sams Seeherman Quinn*	requirement to provide an English translation of applicant’s mark	Refusal Reversed		"FAÇONNABLE" [stationery articles, pens, pencils, note paper, appointment books and notebooks		George	No
11-19	EX	74/474,107	Composite Products, Inc.	Sams Seeherman* Quinn	2(d)	Refusal Reversed		"COMPOSITE PRODUCTS" (and design) [building materials, namely, wood and fiber flooring planks, strips and tiles, wood and fiber roofing tiles and panels, and wood and fiber siding]	"COMPOSITE TECHNOLOGY, INC." [glass fiber structures--namely, roof decking ,structural beams, roofing panels, siding panels, ridge vents and flashing; ventilating louvers]	Masiello	No
11-19	EX	74/531,950	Warnaco Inc.	Simms Quinn* Hairston	2(e)(1)	Refusal Affirmed		"EASY FITTING" [bras, panties, slips, camisoles and tap pants]		R. Clark	No
11-19	EX	74/076,974	Rockline, Inc.	Rice Cissel* Quinn	2(d)	Refusal Affirmed (on the basis of both cited registra-tions)		"COTTON TAILS" [baby wipes]	"COTTON TAILS" [packages of absorbent cotton; dispensers filled with cotton-tipped swabs or applicators; etc.] and "COTTONTAILS" [disposable diapers]	Stoides	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

November 18-22, 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
11-19	EX	74/451,823	Paint Mate, Inc.	Cissel Hohein Hairston*	2(e)(1)	Refusal Affirmed		"THE RECYCLER" [plastic containers sold empty for recycling solvents]		Cole	No
11-19	EX	74/497,846	Tibbals Flooring Co.	Hanak Quinn Hairston*	2(d)	Refusal Affirmed		"BEAUMONT" [wood flooring]	"BEAUMONT PLACE" [wood doors]	Wong	No
11-20	EX	74/525,335	McGladrey & Pullen	Sams Cissel Seeherman*	2(d)	Refusal Reversed		"RENAISSANCE" [consulting services for assisting businesses in organizational renewal]	"RENAISSANCE MEETING CENTER" [organizing and conducting business conferences for others]	Black	No
11-20	EX	74/281,163	Pretesting Co., Inc.	Rice Simms Cissel*	genericness/ Section 2(f) distinctive-ness; acceptability of applicant’s drawing	Refusal Affirmed (on both grounds)		"THE PRETESTING COMPANY" [advertising research services, namely, exposing selected consumers to advertising materials, evaluating their reactions, and reporting such evaluation to the prospective advertiser]		Seegars	No
11-20	EX	74/265,217	Terra Int’l., Inc.	Rice Hohein Hairston*	2(d); acceptability of applicant’s amended drawing [material alteration]	Refusal Affirmed (on both grounds)		"ACTIVATE PLUS" [spreader/activator for use in connection with agricultural pesticides]	"ACTIVATE" [surfactant for use with herbicides, insecticides, and fungicides]	Vavonese	No
11-21	EX	74/384,333	A. J. Mfg., Inc.	Cissel* Hohein Walters	2(d)	Refusal Affirmed		"AJ FREEDOM STORM DOOR" (and design) [insulated steel storm doors for residential and commercial building usage]	"FREEDOM" [garage doors for residential, commercial and industrial installations]	Ricardo	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

November 18-22, 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
11-21	EX	74/524,135	Magicarpet Products, Inc.	Rice Seeherman* Walters	2(e)(1)	Refusal Affirmed		"POOCH PADS" [reusable and washable housebreaking and incontinence floor mats for domestic animals, particularly dogs and puppies]		Bodson	No
11-21	EX	74/463,486	Easthill Group, Inc.	Cissel Hanak Hohein*	2(e)(1)/ Section 2(f) distinctiveness	Refusal Affirmed		"CHASSIS BLACK" [paint and protective coatings, especially for specific parts of automobiles]		Zervas	No
11-22	EX	74/373,937	Roto Frank AG	Cissel* Hanak Walters	2(d); whether identification of goods must be amended to conform to goods recited in foreign registration asserted under Sec. 44	Refusal Affirmed (only on "identifica-tion of goods" ground)		"ROTO ALPINE" [windows, particularly for mounting on inclined surfaces, such as roof windows and conservatory windows]	"ROTOMATIC" and "ROTOMATIC" (and design) [automatic balanced doors]; "ROTO-SWING" and "ROTOSWING" (and design) [balanced doors]	A. Matthews	No
11-22	EX	74/504,380	Silicon Systems, Inc.	Quinn* Hairston Walters	2(e)(1)	Refusal Affirmed		"SILENT SPIN" [integrated circuits]		Doninger	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