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SUMMARY OF FINAL DECISIONS ISSUED BY THE TRADEMARK TRIAL AND APPEAL BOARD
July 7-11, 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 |
| 7-7 | EX | 74/483,835 | Samar S.p.A. | Sams Seeherman Hairston* |
2(d) | Refusal Affirmed | "GREEN EARTH" [t-shirts, caps, panties, sweatshirts, jogging suits, etc.] | "GREEN PLANET HARMONY ON EARTH" (and design) [t-shirts, sweatshirts and sweatpants, baseball caps, polo-type shirts, tank tops, socks, light sweaters, wind resistant jackets] | Fickes | No | |
| 7-7 | EX | 74/522,760 | Perfect Fit Industries, Inc. | Simms* Hairston Walters |
2(d) | Refusal Affirmed | "HOME COMFORT" [pillows and chair cushions] | "HOME COMFORT FURNITURE & MATTRESS CENTER" [retail furniture store services] | Tingley | No | |
| 7-7 | OPP (MR) |
99,224 | Pumpkin, Ltd. v. Seed Corps | Sams Rice Hairston |
whether opposer could show "excusable neglect" under Fed. R. Civ. P. 6(b)--to reopen its testimony period | Motion to Reopen Denied; Opposition Dismissed | "PUMPKIN MASTERS" [kit for pumpkin carving] | "MASTER PUMPKIN CARVER" (and design) [teaching children gardening and safety education by means of sponsoring pumpkin carving contests] | Yes | ||
| 7-8 | EX | 74/575,488 | Sunshine Products Holding GmbH | Rice* Seeherman Hanak |
2(d) | Refusal Reversed | "SUNSHINE" (and design) [tennis shoes, sweat pants, sweat shirts, sport caps, sweat bands, sweat socks, jackets and shoes for men and women] | "SUNSHINE HOUSE" [t-shirts, sweat shirts, swim suits, wet suits, walking shorts, jackets]; "SUNSHINE STUFF" [girls’ pants, dresses, shorts, etc.] | R. Clark | 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 7-11, 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 |
| 7-8 | EX | 74/661,908 | Diamond Rug & Carpet Mills, Inc. | Rice Simms* Hanak |
2(e)(1) | Refusal Affirmed | "PET-PROOF" [textile carpet] | Bonnet | No | ||
| 7-8 | EX | 74/305,777 | Radiant Technology, Inc. | Simms Seeherman Hohein* |
whether the matter asserted for registration is capable of registration on the Supp. Register (Sec. 23) or is, rather, a generic term as applied to applicant’s goods | Refusal Affirmed | "RADIANTPANEL" [household hot water baseboard heaters] | Cole | No | ||
| 7-8 | EX | 74/532,461 | Russell-Newman, Inc. | Simms* Cissel Seeherman |
2(d) | Refusal Affirmed | "CALIFORNIA DESIGN BY NIGHT" [women’s and girls’ apparel, namely, dresses, skirts, pants, jackets, vests, blouses, shorts, evening dresses, intimate apparel, etc.] | "NIGHT" [clothing, namely, blouses, skirts, sweaters, slacks, evening gowns, jackets, scarves, hats, stockings, boots, shoes, and slippers; purses and hand bags; jewelry] | Leahy | 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 7-11, 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 |
| 7-8 | EX | 74/616,518 | Bath & Body Elements - World Bead Co., Corporate, Inc. | Sams Seeherman Hairston* |
2(d); requirement for a more definite identification of goods; requirement, under Sec. 6, for disclaimer of phrase "BEAD COMPANY" | Refusal Affirmed (on all grounds) |
"WORLD BEAD COMPANY" (and design) [beads and bead related accessories; retail store services featuring component jewelry] | "WORLD BEADS" (and design) [retail store services featuring beads and bead related products] | Sussman | No | |
| 7-9 | EX | 74/457,278 | Rug Doctor, L. P. | Rice Hanak Quinn* |
whether the matter asserted for registration functions as a mark for applicant’s goods (or is merely an informational slogan) and, if so, whether the mark is distinctive under Sec. 2(f) | Refusal Affirmed (on both grounds) | "WITH THE VIBRATING BRUSH" [machines for extracting dirt and foreign matter from rugs, carpets, and the like] | Straser | No | ||
| 7-9 | EX | 74/546,080 | Omega Research, Inc. | Seeherman* Hanak Hohein |
2(e)(1) | Refusal Reversed | "WALL STREET ANALYST" [computer software to assist in making investment decisions] | Feeley | 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 7-11, 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 |
| 7-10 | CANC CANC |
21,309 21,321 |
Allied-Sysco Food Services, Inc. v. The Pizza Maker | Cissel* Hanak Hohein |
abandonment | Petitions to Cancel Granted | "THE PIZZA MAKER" (and design) [franchising services, namely, offering technical assistance in the establishment and/or operation of pizza restaurants; restaurant services]; "THE PIZZA MAKER!" [pizza] | No | |||
| 7-10 | EX | 74/515,552 | Spraying Systems Co. | Sams Simms Seeherman* |
Section 6 disclaimer requirement (of word "TURBO") | Refusal Reversed | "TURBO TEEJET" [spray nozzles for power operated agricultural sprayers] | Oh | No | ||
| 7-11 | OPP | 96,414 | NBC Fourth Realty Corp. | Sams Simms Seeherman* |
2(d) | Opposition Dismissed | "T.J. MAXX" [retail department store services] | "T-MAX" [musical instrument amplifiers] | No | ||
| 7-11 | CANC | 22,849 | AT&T Corp. v. MCI Communi-cations Corp. | Rice Cissel* Hairston |
2(e)(1) | Petition to Cancel Denied | "GLOBAL ADVANTAGE" [telecommunications services] | 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