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 applicants goods and
services]; 2(d) [as to applicants 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

Last Modified: 10/13/98