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`SUMMARY OF FINAL DECISIONS ISSUED BY THE TRADEMARK TRIAL AND APPEAL BOARD
December 2-6, 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 |
| 12-2 | EX | 74/515,675 | Metagenics, Inc. | Simms* Hanak Quinn |
2(d) | Refusal Affirmed | "MONSTER 1100" [nutritional supplements, namely, high calorie powder drink mix providing electrolytes, vitamins, proteins and carbohydrates] | "MONSTER MASS" [nutritional supplement, namely, a protein and carbohydrate powder for use for weight gain] | Mandir | No | |
| 12-2 | EX | 74/533,633 | Breadsmith Franchising, Inc. | Rice Simms Cissel* |
2(d) | Refusal Affirmed (but only on the basis of the cited registration for the mark "THE BAGEL-SMITH") | "BREADSMITH" (and design) [baked goods, namely, bread, muffins, cookies, croutons; retail bakery store services] | "THE BAGELSMITH" [restaurant, bakery and deli services]; two word-and-design marks (each featuring the graphic representation of a child, seated and holding a bag on which the word "BAGELSMITH" appears in small letters) [restaurant, bakery and deli services] | F. Smith | No | |
| 12-3 | EX | 74/463,751 | Ronald C. Cosser | Cissel Seeherman Quinn* |
2(d) | Refusal Affirmed [but only on the basis of the cited registration for the mark "CRAFTSMAN SHOPPE CS" (and design)] | "THE CRAFTSMAN" (and design) [furniture] | "THE ART OF THE CRAFTSMAN" [furniture]; "CRAFTSMAN SHOPPE CS" (and design) [wooden furniture] | Taylor | 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 2-6, 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 |
| 12-3 | EX | 74/538,222 | Marin Mountain Bikes, Inc. | Simms Cissel Hairston* |
2(e)(2) | Refusal Reversed | "SAN RAFAEL" [bicycles] | Straser | No | ||
| 12-3 | EX | 74/538,223 | Marin Mountain Bikes, Inc. | Simms Cissel Hairston* |
2(e)(3) | Refusal Reversed | "SAUSALITO" [bicycles] | Straser | No | ||
| 12-3 | EX | 74/495,933 | Giltech, Inc. | Simms Cissel* Hanak |
2(d) | Refusal Affirmed | "1919" [frozen desserts and ice cream] | "1919" [handmade chocolate candy] | Wilson | No | |
| 12-4 | EX | 74/426,267 | DHL Airways, Inc. | Rice Seeherman Hohein* |
Section 6(a) disclaimer requirement (of word "GLOBAL-TRACK") | Refusal Affirmed | "DHL GLOBALTRACK" [satellite tracing of documents and parcels delivered by air and courier] | Bush | No | ||
| 12-4 | EX | 74/518,782 | Pittsburgh Sports Heritage, Inc. | Sams Hanak* Quinn |
2(d) | Refusal Reversed | "PITTSBURGH INNOCENTS" [t-shirts, sweatshirts, sweatpants, tank tops, jerseys, shorts, pajamas, sport shirts, rugby shirts, sweaters, nightshirts, hats/caps, warm-up suits, jackets, parkas, coats, wrist bands, shirts, boxer shorts, 3/4 sleeve jerseys, visors] | "INNOCENTS" [brassieres] | Crowe | No | |
| 12-4 | EX | 74/451,678 | Healthy Calls Inc. | Simms* Hairston Walters |
2(d) | Refusal Affirmed | "STERI-PHONE SHIELD" [sanitary covers/shields, not made of paper, for telephone handsets] | "STERI-PHONE" [sterile packaged telephones for personal use in hospitals, hotels, and other areas where infection control is a concern] | Belenker | 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 2-6, 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 |
| 12-5 | EX | 74/481,435 | Ultravit Enterprises, Inc. | Rice Simms* Walters |
2(e)(1) | Refusal Affirmed | "ECHINACEASTICK" [medicated lip balm] | Levine | No | ||
| 12-5 | EX | 74/316,378 | Gourmets Fresh Pasta | Rice* Hanak Hairston |
2(d) | Refusal Reversed | "RAVI-OLE" [breaded pasta filled with jalapeno peppers and/or other Mexican flavorings and cheese] | "MINI RAVIOLI" [ravioli in tomato sauce]; "RAVIOLIOS" (in stylized lettering) [ravioli] | Battle | No | |
| 12-5 | EX | 74/345,211 | Bogdon Candy Co., Inc. | Simms Hanak* Hairston |
2(d) | Refusal Reversed | "DOUBLE DIP" [candy] | "HEATH DOUBLE DIP ALMOND TOFFEE CHIPS (and design) [candy] | Bullock | No | |
| 12-5 | EX | 74/530,482 | Outdoor Entertain-ment, Inc. | Rice Simms Walters* |
Section 6 disclaimer requirement (of term "OUTDOOR ENTERTAINMENT") | Refusal Affirmed | "OUTDOOR ENTERTAINMENT" (and design) [entertainment services, namely, television programming] | Micheli | No | ||
| 12-5 | EX (R) |
74/287,220 | Darren Rittenhouse | Simms Hanak* Quinn | 2(a) (falsely suggests a connection with the Baltimore Orioles baseball team and its owners); 2(d) | Request for Reconsid-eration Denied [Refusal Affirmed (on both grounds)] | "O’s" (and design) [clothing, namely, t-shirts and caps] | "ORIOLES BALTIMORE" (and design) [shirts and caps]; "ORIOLES" (and design) [t-shirts and caps]; "WHY NOT" (and design) [t-shirts]; etc. | O’Lear | 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 2-6, 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 |
| 12-6 | EX | 74/324,941 | GTE Directories Corp. | Simms* Quinn Walters |
2(d) | Refusal Reversed | "SENIORS DISCOUNT" (and design) [promoting the goods and services of others through the distribution of discount cards] | "SD SENIOR DISCOUNTS" [promoting the goods and services of others by indicating business merchants who advertise their senior citizens discount programs] | Battle | No | |
| 12-6 | EX EX |
74/630,464 74/630,465 |
Ciba-Geigy Corp. | Cissel* Hairston Walters |
2(e)(4) | Refusal Affirmed (in both cases) | "HART" and "HARTS" [chemicals, namely, hindered amine radical traps, used as polymerization inhibitors] | D. Cohen | No | ||
| 12-6 | EX | 74/538,329 | Boston Espresso Co., Inc. | Sams Simms* Quinn |
2(d) | Refusal Affirmed | "CONCERTO ESPRESSO" [professional electric espresso-making machines for hotel and restaurant commercial use] | "CAFFÈ MAURO CAFFÈ CONCERTO ESPRESSO" (and design) [coffee] | Greenbaum | No | |
| 12-6 | EX | 74/515,942 | Metagenics, Inc. | Sams Rice Hohein* |
2(d) | Refusal Affirmed | "MONSTER BITES" [nutritional supplements, namely, ready-to-eat dietary supplements] | "MONSTER MASS" [nutritional supplement, namely, a protein and carbohydrate powder for use for weight gain] | Mandir | No | |
| 12-6 | OPP OPP OPP OPP [motion to dismiss all four opposi-tions] |
99,845 100,431 101,186 101,216 |
William B. Ritchie v. Orenthal James Simpson | Sams Rice Quinn |
2(a) [immoral/ scandalous marks]; 2(e)(4) |
Oppositions Dismissed | "O.J. SIMPSON" [figurines, trading cards, sportswear, toys, etc.]; "O.J." [figurines, trading cards, sportswear, toys, etc.]; "O.J. SIMPSON" [medallions and coins, prepaid telephone cards]; and "THE JUICE" [prepaid telephone cards] | 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
SUMMARY OF FINAL DECISIONS ISSUED BY THE TRADEMARK TRIAL AND APPEAL BOARD
December 2-6, 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 |
| 12-6 | EX | 74/380,570 | A.M.R.P. Handels AG | Hanak Hohein Walters* |
2(e)(1) | Refusal Reversed | "MECHANICAL MEMORY" [automatic machines, namely, packaging machines and filling machines for chemical, pharmaceutical, alimentary, and cosmetic articles; machines for making packaging and containers, labeling machines; machines for making of cigars and cigarettes, and packaging therefor, and storing machines for chemical, pharmaceutical, alimentary, and cosmetic articles] | Fine | 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