[US_Patent_and_Trademark_Office]

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

December 23-27, 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
12-24 EX 74/517,451 Creative Enterprises, Inc. Simms*

Cissel

Seeherman

 2(d) Refusal Affirmed   "OUTER BOUNDS" (and design) [t-shirts, hats, jackets and sweatshirts] "OUTERBOUND BY H.M.S." [outerwear, namely, sweaters, stadium coats, sweater-jackets and jackets] Rossman No
12-24 EX 74/101,177 EBSCO Industries, Inc. Sams

Rice

Seeherman*

 whether the configuration of applicant’s goods, which configuration applicant claims as its trademark, is de jure functional and, if not, whether the configuration is inherently distinctive Refusal Affirmed (on both grounds)   configuration of a fishing lure [fishing lures]   Moorhead Yes

 

(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

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Last Modified: 8/10/98