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 GREYS 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 applicants recited goods (or, rather, identifies a fictional company in applicants 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 Intl. | 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 Joes Intl., Inc. | Sams Quinn Hairston* |
2(a) [false suggestion of a connection]; 2(d) | Refusal Affirmed (on both grounds) | "SLOPPY JOES" (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]; "HEMINGWAYS" [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

Last Modified: 10/13/98