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SUMMARY OF FINAL DECISIONS ISSUED BY THE TRADEMARK TRIAL AND APPEAL BOARD
January 20-24, 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 |
| 1-22 | EX | 74/541,654 | Merillat Industries, Inc. | Rice* Hohein Hairston |
2(e)(4) [surname] | Refusal Affirmed | "PEMBERTON" [furniture cabinets, and drawers and doors therefor] | Baker | No | ||
| 1-24 | EX | 74/606,076 | MSI Crane & Equipment Co., Inc. | Rice Seeherman Hohein* |
2(e)(2); Sec. 6 disclaimer requirement (as to word "SYS-TEMS") | Refusal Reversed | "HOUSTON SYSTEMS MARINE PRODUCTS" [crane systems comprising cranes, rig skidding, leveling jacks, motion compensators, line-up stations, conveyors, power units and controls therefor, all sold as a unit] | Frazier | No | ||
| 01-24 | EX (R) |
74/368,375 | Good News Communica-tions, Inc. | Seeherman Quinn* Hohein |
whether the matter asserted for registration is generic; if not, whether the mark is registrable under Section 2(f) | Request for Reconsider-ation Denied [Refusal Affirmed (on both grounds)] | "MOVIEGUIDE" [books, magazines and teaching materials on the subject of rating movies and videos in accordance with a Biblical world view] | Hershkowitz | No | ||
| 01-24 | EX | 74/362,978 | Quotron Systems, Inc. | Rice Seeherman Hairston* |
whether the term applicant seeks to register has been used as a service mark for the services recited in the registration | Refusal Affirmed | "ULTRACHART" [computerized financial information services in the field of data regarding all types of financial instruments and markets, indices and statistics relating thereto] | I. Williams | 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 20-24, 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 |
| 1-24 | EX | 74/166,615 | American National Can Co. | Rice Seeherman Hairston* |
de jure functionality of a product configuration; Sec. 2(f) distinctiveness of product configuration | Refusal Affirmed (on both grounds) | a can configuration that includes thirty flutes of equal width extending substantially the length of the sidewall of the can body [metal beverage containers] | Kaiser | Yes |
(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