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SUMMARY OF FINAL DECISIONS ISSUED BY THE TRADEMARK TRIAL AND APPEAL BOARD
May 26-30, 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 |
| 5-27 | EX EX EX EX EX |
74/534,897 74/535,875 74/535,192 74/532,342 74/532,527 |
Bacardi & Co. | Sams Quinn Walters* |
2(e)(3) [primarily geographical-ly deceptively misdescrip-tive] | Refusal Affirmed (in all five cases) | "HAVANA SELECT," "HABANA CLASICO," "OLD HAVANA," "HAVANA PRIMO," and "HAVANA CLIPPER" [all five marks applied to rum] | Reihner | Yes | ||
| 5-27 | EX | 74/404,325 | Caterpillar, Inc. | Seeherman Quinn* Hairston |
de jure functionality (of product configura-tion); whether matter asserted for registration has acquired distinctiveness under Sec. 2(f) | Refusal Affirmed (on both grounds) | configuration of a continuous crawler track with an elevated drive sprocket and idler wheels therefor [tractors for earth moving, earth conditioning and material handling; and undercarriage for such tractors] | Stine | Yes | ||
| 5-27 | EX | 74/301,061 | Rio Grande Product, Inc. | Hohein* Hairston Walters |
2(d) | Refusal Affirmed | "RIO GRANDE" (and design) [dried beans, refried beans, sour cream, sausages, jams, jellies and mango pickles] | "HARRY’S RIO GRANDE" [corn and tortilla chips, taco shells, tortillas, and salsa] | Front | 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
May 26-30, 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 |
| 5-28 | EX | 74/166,013 | Historical Research Center, Inc. | Simms (D-- in part) Seeherman Hohein* |
Disclaimer requirement under Sec. 6(a) (of words "THE HISTORI-CAL RESEARCH CENTER") | Refusal Affirmed (the Board finding the words "THE HISTOR-ICAL RE-SEARCH CENTER" merely descriptive but not generic) | "THE HISTORICAL RESEARCH CENTER" (and design) [family etymology research services] | Krehely | No | ||
| 5-29 | EX | 74/429,940 | Enrich Int’l. | Rice Hohein Walters* |
2(d) | Refusal Affirmed | "AEON" (and design) [skin lotions and creams, etc. sold directly to home purchasers and through independent home distributors] | "EŽON 5" (and design) [skin care lotions and creams, etc.] | Fine | No | |
| 5-30 | EX | 74/555,396 | Schwartz | Sams Rice Hohein* |
2(d) | Refusal Affirmed | "OVER THE HILL GANG" [t-shirts, golf shirts, and caps] | "OVER THE HILL GANG" [social club services] | Stoides | No | |
| 5-30 | OPP | 97,325 | Campbell v. Casino Magic Corp. | Hanak Hohein Hairston* |
2(d) | Opposition Dismissed | "MONEY MAGIC" [instructional television series featuring information on personal finances] | "MAGIC MONEY" [entertainment services in the nature of casino services for members through which members accrue points redeemable for prizes] | 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
May 26-30, 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 |
| 5-30 | OPP | 90,706 | Talbot Street Pier, Inc. v. Sibiski | Hanak Quinn Hairston* |
2(d); whether, at the time applicants filed their application, they had a bona fide intent to use their mark on all the goods for which they sees to register their mark; abandonment (through improper licensing) | Opposition Dismissed | "M.R. DUCKS" and "M.R. DUCKLINGS" [t-shirts, sweatshirts, hats, caps, shorts, shirts, etc.] | "A.R. FISH" [t-shirts, sweatshirts, hats, caps, shorts, and shirts] | No | ||
| 5-30 | CANC | 20,282 | Bloch v. Alabama Space Science Exhibit Commission | Sams Rice Simms* |
2(a) (deceptive) [as to "UNITED STATES SPACE CAMP" mark]; genericness [as to "SPACE CAMP" mark] | Petition to Cancel Denied | "UNITED STATES SPACE CAMP" (in stylized letters) [educational and entertainment services, namely, operating a camp for boys and girls concerned with science and technology related to space exploration]; "SPACE CAMP" (in stylized letters) [educational services, namely, providing instruction and training relating to science and technology] | 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: 8/12/98