[US_Patent_and_Trademark_Office]

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

July 14-18, 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
7-16 EX 74/331,559 Faultless Starch/Bon Ami Co. Cissel

Seeherman*

Hairston

whether matter asserted for registration is capable of registration on the Supp. Reg. [genericness] Refusal Reversed   "GARDEN CLAW" [hand-operated garden tools, namely, cultivator-weeders]   Fine No
7-16 EX 74/497,740 Charles A. Bruning Simms*

Hohein

Hairston

2(e)(2) Refusal Affirmed   "AMERICAN

DEPOSITORS INSURANCE CORPORATION" [brokering, selling or servicing insurance policies for depositors against failure of a depositee to fulfill its contract with depositors]

  Mullen No
7-16 EX 74/507,816 U. S. Olympic Committee Rice

Simms

Hohein*

2(e)(2) [as to all applicant’s goods and services];

2(d) [as to applicant’s services only]

Refusal Affirmed (on both grounds)   "USA SHOOTING" [gift and party supplies made of paper; entertainment in the nature of shooting and riflery exhibitions and matches; publication of newspapers, magazines and books; educational services, namely, arranging and conducting shooting and riflery clinics; sports officiating services; association services, namely, promoting the interest of member shooting and riflery clubs] "U. S. SHOOTING TEAM" [fund raising services, namely, for receiving tax-deductible donations to train men and women shooters to represent the United States in international competition] First 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

 

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

July 14-18, 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
7-16 EX 74/455,676 Brian Moore Guitars, Inc. Sams

Simms

Cissel*

whether the matter asserted for registration has become distinctive under Sec. 2(f) Refusal Affirmed   configuration of a guitar headstock [electric guitars, acoustic guitars and bass guitars]   Baxley No
7-16 EX 74/559,227 Ford Motor Co. Cissel*

Quinn

Hairston

2(e)(1) Refusal Affirmed   "LIMO CARE" [repair and service of motor vehicles]   Fruehling No
7-16 EX 74/607,814 Revere Ware Corp. Simms*

Seeherman

Hohein

2(d) Refusal Affirmed   "D-E-C-O-R" [non-electric metal cookware, namely, stainless steel skillets, frying pans, saucepans, Dutch ovens, and stockpots] "DECOR" [plastic products for household use (ice pails, cups, beakers, mugs, bowls, dishes, plates, etc.); plastic cooking utensils (ladles, spatulas, measuring spoons, potato mashers, whisks, etc.); etc. Lykos No
7-18 OPP 95,464 Digene Diagnostics, Inc. v. National Diagnostics Quinn*

Hohein

Hairston

2(d) Opposition Sustained "DIGENE" [diagnostic and research reagents, and DNA-probe based diagnostic test kits for the determination and monitoring of human diseases] "DIOGENES" (in stylized lettering) [chemicals for detecting and enhancing chemiluminescence and bioluminescence for use in the biotechnology industry]     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

Return to the USPTO Home Page

Last Modified: 10/13/98