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SUMMARY OF FINAL DECISIONS ISSUED BY THE TRADEMARK TRIAL AND APPEAL BOARD
July 28 - August 1, 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 |
| 7-28 | EX | 74/324,490 | Milliman & Robertson, Inc. | Rice Simms Hohein* |
2(e)(1) | Refusal Affirmed | "HEALTH INSURANCE TREND MODEL" [periodical publications, consisting of reports, graphs, charts and data pertaining to health insurance trends; consulting services in the field of health insurance trends and health care cost containment; educational services, namely, conducting training classes in the field of health care costs containment and review] | Blohm | No | ||
| 7-28 | EX | 74/801,178 | McCaw Cellular Communica-tions, Inc. | Simms Quinn* Walters |
whether the matter asserted for registration functions as a trademark for the goods recited in the application | Refusal Affirmed | "1-800-IMAGINE" [cellular telephones and parts therefor; pagers and parts therefor; facsimile machines and user manuals and instructional books sold as a unit therewith] | Ferraiuolo | No | ||
| 7-28 | EX | 74/590,808 | John S. Fischer | Simms Hanak Hairston* |
2(e)(1) | Refusal Reversed | "AIR CONTROL SCIENCE" [conducting feasibility studies, evaluation, consultation, and engineering in the field of dust collection systems; construction, installation, and maintenance of dust collection systems] | Leslie | 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 28 - August 1, 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 |
| 7-28 | EX | 74/591,009 | Universal Electronics Inc. | Simms* Cissel Quinn |
2(e)(1) | Refusal Affirmed | "KIDS CLICKER" [universal remote control units which are programmable to eliminate user access to select television channels and/or programs] | Peska | No | ||
| 7-28 | EX | 74/612,608 | Blue Cross & Blue Shield of Rhode Island | Simms Hanak* Hairston |
2(d) | Refusal Reversed | "OPUS 123" [computer software program that allows doctors’ offices to communicate electronically with the insurance provider, retrieving and submitting information and allowing doctors to make referrals to other doctors] | "1-2-3/G" [computer programs for spreadsheet applications containing a graphical user interface]; "1-2-3" and "123" (in stylized form) [pre-recorded computer programs recorded on magnetic disks] | Mermelstein | No | |
| 7-30 | OPP | 94,196 | Eric Asadoorian, et al., dba Wavelength v. Frederic J. Martin III and Konrad Matthaei | Cissel Seeherman* Hanak |
2(d) | Opposition Sustained | "WAVELENGTH" [musical entertainment services] | "WAVELENGTH" [prerecorded phonograph records, audio cassettes, compact discs, video cassettes and other musical sound recording, all featuring musical entertainment; entertainment in the nature of live performances] | No | ||
| 7-30 | EX | 74/587,902 | Millers Falls Tool Co. | Rice* Cissel Hohein |
2(d) | Refusal Affirmed | "MOHAWK-SHELBURNE" [hand-powered construction tools, namely, saws, saw frames, saw blades and drill bits] | "MOHAWK" [hand-operated tools, namely, spur gear drill, sander, floor jack, die grinder, impact wrench and ratchet] | Greenbaum | 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 28 - August 1, 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 |
| 7-30 | OPP | 93,254 | Success Partners and Success Holdings Co. L.L.C. v. Dynamic Pathways Co. | Simms Seeherman Walters* |
2(d) | Opposition Sustained | "SUCCESS" and "SUCCESS (and design) [magazines pertaining to all aspects of personal, professional, and financial achievement]; "SUCCESS!" (in stylized letters) [general interest magazines] | "SUCCESS INC" [computer software regarding business plan writing] | No | ||
| 7-30 | EX | 74/405,232 | Weider Sporting Goods, Inc. | Simms Seeherman Hohein* |
2(e)(1) | Refusal Affirmed | "STEP N’ CRUNCH" [sporting goods, namely, a combination aerobic step and crunch board] | Gast | No | ||
| 7-31 | EX | 74/617,280 | Heartland Corp. | Rice* Cissel Walters |
2(d) | Refusal Affirmed | "PROGLAS" (in stylized lettering) [cleaning solution for glass surfaces] | "PRO" [cleaning preparations] | Mayerschoff | No | |
| 7-31 | EX | 74/421,648 | Dataweld, Inc. | Cissel Seeherman* Hohein |
whether the specimens of record are sufficient evidence of trademark use of applicant’s mark | Refusal Affirmed | "ACUTRAX" (in stylized letters) [computer software for tracking compressed gas cylinders] | Rauen | No | ||
| 7-31 | EX | 74/481,825 | Inset Inc. | Hanak Hohein Hairston* |
2(e)(1); requirement for amendment of classification of goods | Refusal Affirmed (on both grounds) | "THE FUEL STABILIZER" [emission reduction units, namely, fuel stabilizing devices for land vehicles] | Micheli | 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 28 - August 1, 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 |
| 7-31 | EX | 74/602,744 | Sunset Publishing Co. | Hanak* Quinn Hohein |
Section 6 disclaimer requirement (of phrase "CREATIVE COOKING LIBRARY") | Refusal Affirmed (but appt. allowed time to submit disclaimer of COOKING LIBRARY; applicant need not disclaim word "CRE-ATIVE") | "SUNSET CREATIVE COOKING LIBRARY" [series of recipe books] | Hershkowitz | No | ||
| 7-31 | EX | 74/592,435 | Roseway Transporta-tion, Inc. | Simms Seeherman* Hairston |
2(d) | Refusal Affirmed | "ROSE WAY" (and design) [freight transportation by truck and other intermodal means] | "ROSE TRANSPORT" (and design) [transportation of goods by truck] | Case | No | |
| 7-31 | EX | 74/459,297 | Tera Computer Co. | Rice* Quinn Hairston |
2(d) | Refusal Affirmed | "MTA" [general purpose parallel processing computers and computer software for use in operating such computers] | "MTA" [electronic equipment, namely, intelligent multi-port modules for use in interconnection of computer peripherals] | Mooney-Ritchy | No | |
| 8-1 | EX | 74/612,941 | Countrywide Funding Corp. | Cissel Seeherman* Walters |
2(d) | Refusal Reversed | design mark incorporating graphic representations of a building and a dollar sign [financial services, namely, a home equity line of credit program] | design mark incorporating graphic representations of a building silhouette and a dollar sign [providing mortgages for the purchase of real estate, etc.] | Mermelstein | 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: 10/19/98