SUMMARY OF FINAL DECISIONS ISSUED BY THE TRADEMARK TRIAL AND APPEAL BOARD
November 10-14, 1997
| 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 |
| 11-10 | EX | 75/041,715 | Conrad Esser | Simms Seeherman Walters* |
whether the matter presented for registration functions as a trademark for applicants goods or serves merely as ornamentation on applicants goods] | Refusal Affirmed | "RAGNAROK" [clothing, namely, tops, bottoms, pants, sweatshirts, shorts, jackets, t-shirts, tank tops, dresses, swimwear, footwear, socks, hats, visors, caps, belts, ties and scarves] | Lawrence | No | ||
| 11-13 | EX | 74/603,959 | Delicato Foods, Inc. | Cissel Hohein* Walters |
2(d) | Refusal Affirmed | "HEAVENLY" [canned tomatoes sold only to institutional users] | "HEAVENLY" (in stylized lettering) [canned peaches] | Will | No |
(1) EX=Ex Parte Appeal; OPP=Opposition; CANC=Cancellation; CU=Concurrent Use; (SJ)=Summary Judgment; (MD)=Motion to
Dismiss; (MR)=Motion to Reopen; (R)=Request for Reconsideration
(2) *=Opinion Writer; (D)=Dissenting Panel Member
Last Modified: 8/13/98