[US_Patent_and_Trademark_Office]

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

October 27-31, 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
10-27 EX 74/641,262 Smith & Jones, Inc. Quinn*

Hairston

Walters

2(d) Refusal Affirmed   "BRATZ" (and design) [infants’ and children’s clothing, namely, tops, bottoms, sleepwear, hats, coats, jackets and parkas, excluding footwear] "BRATS" [footwear] Saito No
10-28 OPP

CANC

CANC

CANC

87,389

20,853

20,854

21,092

V. La Rosa & Sons, Inc. v. John Zidian Co., Inc. Simms (D, in part)

Hanak

Walters*

2(d) Opposition Sustained [but only as to the pleaded mark "LA ROSA"] "LA ROSA" (and design) [spaghetti, lasagna, macaroni, noodles and bread crumbs]; "RUSSO’s" (in stylized lettering) [alimentary pastes] "LA RUSSA" (and design) [processed tomatoes and tomato based sauces]     No
10-29 EX

EX

74/574,876

74/574,878

No Fear, Inc. Sams

Hairston*

Walters

whether the matter asserted for registration functions as trademarks for applicant’s goods or functions merely as product ornamentation Refusal Reversed   "NO DOUBT" and "NO CLUE" [both marks for wearing apparel, namely, t-shirts, shirts, shorts, pants, sweat shirts, sweat pants, hats, visors, shoes, sandals, and belts]   Zak 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 

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Last Modified: 8/12/98