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SUMMARY OF FINAL DECISIONS ISSUED BY THE TRADEMARK TRIAL AND APPEAL BOARD
February 17-21, 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 |
| 2-13** | EX | 74/263,770 | DJS Associates, Inc. | Cissel Hairston* Walters |
2(e)(1); Section 2(f) distinctiveness | Refusal Affirmed (on both grounds) | "EXPERT NETWORK" [business investigations; educational services, namely, conducting seminars and lectures in the field of engineering and scientific methods and procedures; accident investigations, private investigations; technical consultation in the fields of engineering, science and computers and expert testimony rendered in conjunction therewith] | Stine | No | ||
| 2-19 | OPP | 92,712 | Laboratoires Dermo-Cosmetik, Inc. v. Beauty-cology, Inc. | Rice Simms Walters* |
2(d) | Opposition Dismissed | "G.M. COLLIN--PARIS" (and design incorporating a stylized female form) [skin care products, etc.] | design mark (incorporating a stylized female form) [skin care products, etc.] | No | ||
| 2-19 | EX EX EX |
74/527,954 74/527,963 74/527,965 |
Circon Corp. | Rice Seeherman Hairston* |
2(e)(1) | Refusal Affirmed (in all three cases) | "SNAP-IN SNAP-OUT" (same mark in all three applications) [gynecological resectoscope systems; medical devices for laparoscopy; medical devices for thoracoscopy; etc.] | Michos | 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 February 10-14, 1997.
SUMMARY OF FINAL DECISIONS ISSUED BY THE TRADEMARK TRIAL AND APPEAL BOARD
February 17-21, 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 |
| 2-20 | EX (R) EX (R) EX (R) EX (R) |
74/107,141 74/330,369 74/390,769 74/391,199 |
Orange Communica-tions, Inc. | Sams Rice Simms* |
de jure functionality (of color) | Request for reconsider-ation denied as untimely [Refusal Affirmed (in all four cases)] | the color orange and the color yellow applied across the surface of applicants goods [pay telephones and pay telephone booths]] | Rupp | 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