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SUMMARY OF FINAL DECISIONS ISSUED BY THE TRADEMARK TRIAL AND APPEAL BOARD
January 13-17, 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 |
| 1-10** | EX | 74/235,238 | PSE Concepts, Inc. | Rice Cissel* Seeherman |
2(d) | Refusal Reversed | "PEEK-A-BOO BABY" [plush dolls] | "PEEK-A-BOO PALS" [stuffed toy animals] | Taylor | No | |
| 1-13 | EX | 74/519,199 | K. Aram Zildjian | Cissel Hohein* Hairston |
2(d) | Refusal Affirmed | "ZILDJIAN SPEAKERS" [loudspeakers] | "ZILDJIAN" (in stylized lettering) [three registrations, for, respectively, "musical percussion instruments," "cymbals, gongs, and bells," and "shirts, sleepwear, shorts, jackets, caps and sweatbands"]; plus six other registrations incorporating the word "ZILDJIAN" [each for musical percussion instruments or clothing items] | Schulman | No | |
| 1-13 | EX | 74/475,277 | QVC, Inc. | Seeherman Quinn* Hairston |
2(d) | Refusal Affirmed | "THE LOCKER ROOM" [providing at home shopping services in the field of sports clothing and equipment by means of television] | "THE LOCKER ROOM" [retail store services specializing in footwear] and "THE NATIONAL LOCKER ROOM" (and design) [retail outlet services and mail order catalog services featuring items licensed by professional sports league organizations] | Sanok | 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
**This decision was inadvertently omitted from the Summary of Final Decisions for the week of January 6-10, 1997.
SUMMARY OF FINAL DECISIONS ISSUED BY THE TRADEMARK TRIAL AND APPEAL BOARD
January 13-17, 1997 (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 |
| 1-13 | EX | 74/520,360 | City of Norfolk Virginia | Rice Seeherman Hanak* |
2(e)(4) [surname] | Refusal Affirmed | "MACARTHUR CENTER" [operation of a shopping mall and leasing of shopping space to others] | Will | No | ||
| 1-14 | EX | 74/207,315 | EBSCO Industries, Inc. | Sams Rice Seeherman* |
de jure functionality; distinctiveness under Sec. 2(f) | Refusal Reversed | configuration of a fishing lure [fishing lures] | Moorhead | Yes | ||
| 1-14 | EX | 74/445,928 | Louis C. Gunsberg dba PitStop Technolo-gies | Simms* Cissel Hanak |
2(d) | Refusal Affirmed | "PIT STOP" (and design) [glass repair kits for automobile windshields, consisting of sealant compositions, a syringe applicator, O-rings, and a clamping apparatus] | "PIT STOP" (and design) [automobile service station services; motor oil] | Nelson | No | |
| 1-14 | OPP | 89,301 | Desarrollo Industrial Y Tecnologico, S.A. de
C.V. v. 758895 Ontario Ltd. T/A N.O.A.O. Imports & Exports and S.C.M.N. Global Traders |
Simms Hanak Hairston* |
2(d); 2(e)(1) [merely descriptive]; 2(e)(1) [deceptively mis-descriptive] | Opposition Dismissed | "MASECA" (and design) [corn flour] | "LA MEJIHARINA" (and design) [prepared and packaged corn masa mix] | 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
January 13-17, 1997 (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 |
| 1-14 | EX | 74/325,394 | Santangelo Law Offices, P.C. | Rice* Seeherman Walters |
whether the matter asserted for registration has been used on "goods in trade" and, thus, "in commerce" | Refusal Affirmed | design of a U.S. patent on a greeting card [greeting cards] | Butler | No | ||
| 1-16 | OPP (R) |
92,996 | Miguel Torres, S.A. v. Cantine Mezza-corona S.C.A.R.L. | Rice Cissel Hanak* | 2(d) | Request for Recon-sideration Denied [Opposition Sustained] | "GRAN CORONAS" (in stylized form) and "CORONAS" (and design) [wine] | "MEZZACORONA" (and design) [wines and sparkling wines] | No | ||
| 1-16 | OPP | 93,492 | Lehman Brothers Inc. v. John L. Loeb, Jr. Associates, Inc. | Rice Simms* Cissel |
2(d) | Opposition Sustained | "LEHMAN BROTHERS" and "LEHMAN-LOGIC" [various financial and investment services] | "LOEB-LEHMAN FUND MANAGEMENT CO." [financial management and advisory services] | No | ||
| 1-16 | EX | 74/562,451 | Manco, Inc. | Rice Cissel* Hohein |
2(d) | Refusal Affirmed (as to both cited registra-tions) | "NO LICK SURE STICK" [envelopes] | "SURE STICK" [pressure sensitive adhesive labels]; "NO-LIK" [envelopes] | I. Williams | No | |
| 1-17 | EX | 74/634,915 | Wartsila Diesel Int’l. Ltd. Oy | Cissel Seeherman* Walters |
whether the mark asserted for registration is in use in commerce [mutilation] | Refusal Reversed | "WÄRTSILÄ" [diesel motors and internal combustion engines used in energy-production power plants and in ships as main propulsion engines and as auxiliary engines] | Straser | 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
January 13-17, 1997 (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 |
| 1-17 | EX EX |
74/138,310 74/141,491 |
Microfibres, Inc. | Rice Hanak* Quinn |
As to word mark "MICRO-FIBRES": 2(a)
[deceptive], genericness, and Section 2(f) distinctiveness As to mark "MICRO-FIBRES" (and design): 2(a) [deceptive], requirement for Sec. 6 disclaimer of word "MICRO-FIBRES," and Section 2(f) distinctiveness |
Refusal Reversed (in both cases) | "MICROFIBRES" and "MICROFIBRES" (and design) [both marks for fabrics for use in the manufacture of upholstered furniture sold to the upholstery industry] | Quinn | No | ||
| 1-17 | EX | 74/504,838 | The Breadshop, Inc. | Rice Hanak* Walters |
2(d) | Refusal Reversed | "SIERRA-CRUNCH" [breakfast cereal] | "SIERRA SNACKS" (and design) [snack mix, consisting primarily of processed cereals, pretzels, breadsticks, wheat-based snacks and nuts] | Friedman | 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
January 13-17, 1997 (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 |
| 1-17 | EX | 74/397,042 | Nobody’s Perfect, Inc. | Hohein* Hairston Walters |
2(d) | Refusal Reversed | "NOBODY’S PERFECT" (in stylized lettering) [apparel retail store services selling goods of both first and irregular quality] | "NO BODY’S PERFECT" [feminine underwear] | Bonnet | 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: 8/11/98