Summary of Final Decisions Issued by the Trademark Trial and Appeal Board June 26-30, 1995 Type Proceeding Date of or Party/ Issued Case (1) App'n No. Parties 6-27 EX 74/263,824 Gruppo Italiano Vini S.c.a.r.l. 6-29 EX 74/235,885 O & P Systems, Inc. 6-29 EX 74/403,856 Jan's Ltd. EX 74/403,858 6-29 EX 74/276,621 Terra Int'l. Inc. 6-29 EX 74/398,728 Access Medical Systems, Inc. 6-29 EX 74/384,917 Nabisco Brands, Inc. 6-29 OPP 84,601 Jimboy's Tacos, (R) Inc. v. Jimmy Boy Pizza Corp. 6-29 EX 74/176,256 Bemis Co., Inc. 6-29 OPP 85,592 Federal-Mogul Corp. v. L & S Bearing Co. 6-30 OPP 80,564 Chesebrough-Pond's Inc. Opposer's/ Applicant's/ Petitioner's Respondent's TTAB Mark and Mark and Issue Decision Goods/Services Goods/Services 2(d) Refusal "VILLA MORENA" Affirmed [wines and liqueurs] whether Refusal "BOSTON matter Affirmed SCOLIOSIS asserted BRACE" for [scoliosis braces] registration is registrable on the Supplemental Register 2(d) Refusal "JANS MOUNTAIN Affirmed OUTFITTERS" and (in both "JANS MOUNTAIN cases) OUTFITTERS" (and design) [both marks for retail store and rental services in the field of recreational equipment and wearing apparel] 2(d); Refusal "ASSIST" whether Affirmed [uniform proposed (on both distribution amended grounds) mixture for drawing is a pesticide material suspensions] alteration of drawing as originally filed whether Refusal "DST" matter Reversed [diagnostic kits asserted comprising for specimen registration receptors and -as it reagents for appears on the testing for specimens of selected record- bacteria in functions as samples] a trademark for the goods recited in the applications whether mark Refusal "TINGLEBERRY" shown in Affirmed [candy] amended (on both drawing is a grounds) material alteration of mark shown in original drawing; whether mark shown in original drawing is in use in commerce (or is, instead, a mutilation of mark used in commerce) 2(d) Request for "JIMBOY'S" "JIMMY BOY Reconsideration [tacos, enchiladas, PIZZA" Denied burritos, tostados (and design) [Opposition hand hamburgers [pizza for Sustained] for consumption consumption on on and off and off the the premises] premises] whether Refusal "AIRE-TITE" matter Reversed [paper bag asserted with heat- for sealable plastic registration liner for is registrable packaging] on the Supplemental Register 2(d) Opposition "FEDERAL MOGUL" "FEDERAL Sustained [an extensive BEARING" variety of [ball bearings bearings, oil and roller seals, and bearings] related goods 2(d) Opposition "RAVE" "NEW RAVE" Sustained [home permanent kit; [barrettes; hairspray; hair hairbands; shampoo; etc.] and hair accessories, namely, side or back combs] Mark and Goods of Registration Recommended Cited by for Examining Atty. Publication "MORENA" No [non-alcoholic, non- carbonated beverage containing malt, barley and hops, non-alcoholic malt beverage soft drink containing malt, barley, and hops] No "JANNS" No [retail store and mail order services in the area of fishing products] "ASSIST" No [chemical additive for pesticide formulations] No No No No No No (1)EX=EX PARTE APPEAL; OPP=OPPOSITION; C=CANCELLATION; CU=CONCURRENT USE; (R)=REQ. FOR RECONSIDERATION