[US_Patent_and_Trademark_Office]

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

June 9-13, 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
6-10 EX 74/179,335 North American Free Trade Association Simms

Seeherman*

Hairston

2(a) [false suggestion of a connection] Refusal Affirmed   "NAFTA" (and design) [promotion of trade and investment among the U.S., Canada, Mexico and other countries; providing information and consultation to members regarding the issues and effects of a free trade area on their investments]   First Yes
6-10 EX 74/412,080 La Creme, Inc. Seeherman*

Quinn

Walters

2(e)(1) Refusal Affirmed   "CAFFESORBETTO" [preparations for making mocha and coffee flavored soft drinks]   Will No
6-10 OPP 93,524 Rainmaker Marketing, Inc. v. Kane Rice

Cissel*

Seeherman

2(d) Opposition Sustained "RAINMAKER" and "RAINMAKER MARKETING, INC." [marketing and consulting services for the legal community; lawyer referral services] "RAINMAKER GROUP" (and design) [legal marketing consultation services]     No
6-10 EX 74/488,107 Farmer Bros. Co. Rice*

Hanak

Quinn (D)

2(e)(1) Refusal Reversed   "EARL GREY’S BEST" [tea]   Bullock No
6-10 EX 74/509,515 Klein Bicycle Corp. Cissel

Hanak

Walters*

2(d) Refusal Affirmed   "AURORA" [bicycles as sold in bicycle specialty shops] "AURORA" [tires and tubes] Pilot 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

June 9-13, 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
6-10 EX 74/334,620 River Oaks Furniture, Inc. Rice

Seeherman*

Quinn

whether, as shown by the specimens of record, the matter asserted for registration has been used as a service mark for the services recited in the application Refusal Affirmed   "SOFAS & MORE" [retail store services in the field of sofas, loveseats, lamps, tables and rugs, sold as a package]   Shaw No
6-11 EX 74/395,149 Palladium Books, Inc. Cissel*

Quinn

Walters

whether the matter asserted for registration functions as a trademark for applicant’s recited goods (or, rather, identifies a fictional company in applicant’s books) Refusal Affirmed   "TRIAX" [books featuring rules and data for role playing games involving science fiction and fantasy adventures, characters, and items]   Szoke No
6-12 EX 74/424,233 Enrich Int’l. Rice

Hairston*

Walters

2(d) Refusal Affirmed   "AEON" [skin lotions, moisturizers, soaps, creams, etc. sold directly to home purchasers and through independent home distributors] "EŽON 5" (in stylized letters) [cleansing creams, skin fresheners, etc.] Fine 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

June 9-13, 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
6-12 EX 74/593,376 Perfect Fit Industries, Inc. Cissel*

Quinn

Hohein

2(d) Refusal

Affirmed

  "FINISHING TOUCHES" [pillows, comforters, bedspreads, curtains, bed ruffles, and pillow shams] "FINISHING TOUCHES" [mail order catalog services featuring home furnishings and accessories] J. Cohen No
6-12 EX 74/356,328 Sportswear Corp. of America Rice

Hanak*

Hairston

2(d) Refusal Reversed   "MICHAEL BERNARD" [sportswear, namely, tops and bottoms] "MICHEL BERNARD" [watches] Levy No
6-12 EX 74/345,270 Sloppy Joe’s Int’l., Inc. Sams

Quinn

Hairston*

2(a) [false suggestion of a connection]; 2(d) Refusal Affirmed (on both grounds)   "SLOPPY JOE’S" (and a design incorporating a depiction of the head of Ernest Hemingway) [restaurant and bar services] "HEMINGWAY" [licensing others the right to use and/or exploit the name and likeness of Ernest Hemingway]; "HEMINGWAY’S" [bar and restaurant services; clothing] Weber Yes

(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

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Last Modified: 10/13/98