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SUMMARY OF FINAL DECISIONS ISSUED BY THE TRADEMARK TRIAL AND APPEAL BOARD
August 4-8, 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 |
| 8-5 | CANC | 21,800 | Pennington Enterprises, Inc. v. Monsanto Co. | Cissel Hanak* Hairston |
2(d) [priority] |
Opposition Sustained | "COLOR YOUR GARDEN" [flower seeds] | "COLOR YOUR GARDEN" [flower seeds] | No | ||
| 8-5 | EX | 74/596,434 | Creativity, Inc. | Simms Seeherman* Quinn |
2(d); 2(e)(1) | Refusal Affirmed (on both grounds) | "IN PLAIN ENGLISH" [books concerning computers and technology] | "PLAIN ENGLISH" [computer programs] | Seegars | No | |
| 8-5 | OPP | 96,152 | U. S. Surgical Corp. v. Acuderm, Inc. | Rice Simms Walters* |
2(d) | Opposition Dismissed | "AUTO SUTURE" [surgical stapling instruments and staples therefor] | "ACU-SUTURE" [surgical devices, namely, disposable devices for sewing or stitching surgical sites] | No | ||
| 8-5 | CANC | 23,859 | Texas Turkeys, Inc. v. William Terry Albea | Sams Seeherman Quinn* |
2(d); fraud; laches defense | Petition to Cancel Granted [on 2(d) ground only] | "ARMADILLO WILLY’S" and "ARMADILLO WILLY’S BARBEQUE EST. 1983" (and fanciful armadillo design) [restaurant and catering services] | "ARMADILLO WILLY’S CAFE" (and fanciful armadillo design) [restaurant and catering services] | No | ||
| 8-6 | CANC | 23,919 | Lucrecia v. Physicians Aesthetic Research, Inc. | Sams Quinn Hohein* |
abandonment | Petition to Cancel Denied | "LUCRÈCE" (and design) [skin care products] | No | |||
| 8-6 | EX | 74/633,855 | Super-conductor Technolo-gies, Inc. | Simms Seeherman* Hohein |
2(e)(1) | Refusal Reversed | "SUPERFILTER" [filters, namely, cryogenic electronic filters and cooled electronic filters formed from superconductive materials] | Lykos | 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
August 4-8, 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 |
| 8-6 | EX | 74/433,460 | Fun Factory, Inc. | Cissel Hanak* Quinn |
2(e)(1) | Refusal Affirmed | "CARROUSEL PARK" [indoor amusement centers] | Delaney | No | ||
| 8-6 | EX | 74/235,761 | Lamit Industries | Cissel Seeherman* Quinn |
2(d) [two registrations cited] | Refusal Reversed (as to both cited regis-trations) | "BENCHMARK" [architectural wall panel systems for exterior use] | "BENCHMARK" [doors for buildings]; "BENCHMARK SERIES I" [movable wall partitions] | Krisp | No | |
| 8-7 | OPP | 98,639 | Ethyl Corp. v. Ethaco Corp. | Cissel* Quinn Hohein |
2(d) | Opposition Sustained | "ETHYL" [fuels and combustion catalysts for fuels, including diesel fuels] | "ETHACO" [combustion catalyst for diesel fuel] | No | ||
| 8-7 | EX | 74/432,960 | Health Care and Retirement Corp. of America | Seeherman Hohein Hairston* |
2(d) [six registrations cited] | Refusal Affirmed (but only on basis of
registration of "INTER/ MED" for short term major medical insurance services) |
"INTERMED" [subacute and rehabilitative health care services] | "INTER/MED" [short term major medical insurance services]; "INTERMED," "DOOLEY/ INTERMED," "DR. INTERMED," "AIRINTERMED," and "DR. INTERMED (and design) [all five registrations for "arranging for the provision of aid and comfort, including maintenance, medical attention and education to people in foreign lands"] | Butler | 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
August 4-8, 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 |
| 8-7 | EX EX |
74/457,585 74/461,491 |
Advanced Corneal Systems, Inc. | Cissel Seeherman Walters* |
2(e)(1) | Refusals Affirmed | "THERAPEUTIC CORNEAPLASTY" and "REFREACTIVE CORNEAPLASTY" [both marks for pharmaceutical preparations for the treatment of damaged or diseased eyes and medical services, namely, repair of the eye] | Jenkins | No | ||
| 8-7 | EX | 74/618,290 | Physicians’ Online, Inc. | Quinn Hohein* Walters |
2(e)(1) | Refusal Affirmed | "BY PHYSICIANS FOR PHYSICIANS" [computer services, namely, leasing access time to computer databases in the field of drugs and health treatment in printed and electronic form, and providing health maintenance and diagnostic and treatment information] | Taylor | No | ||
| 8-8 | EX | 74/578,489 | Michigan Discount Jewelers, Ltd. | Quinn Hairston Walters* |
2(d) | Refusal Affirmed | "GREENS KEEPER" [sporting goods, namely, a divot repair tool for golfers] | "GREENSKEEPER" [spikes for golf shoes] | Cooney-Porter | 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: 10/13/98