Summary of Final Decisions
Issued by the
Trademark Trial and Appeal Board
November 20-24, 1995
Type Proceeding
Date of or Party/
Issued Case (1) App'n No. Parties
11-20 OPP 86,532 Genesco Inc. v.
Romero
11-21 OPP 89,321 Space Biospheres
Venture v. Chicago
Academy of
Sciences
11-21 EX 74/145,226 Parfums
Schiaparelli, Inc.
11-21 EX 74/035,005 Proviva U.S.A.
11-21 EX 74/245,115 Pollenex Corp.
11-22 OPP 91,154 Benjamin Moore &
Co. v. Duron, Inc.
11-22 CANC 21,510 Edison Brothers
Stores, Inc. v.
Wild Soles
11-22 EX 74/247,410 IPS Corp.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(d) Opposition "BEING COOL IS "BEE COOL"
Dismissed KNOWING WHAT'S [children's
HOT" t-shirts;
(in stylized plush toys]
lettering)
[children's shoes]
2(d) Opposition "BIOSPHERE II" et. al. "BIOSPHEREUM"
Sustained [scientific research [educational
services]; services, namely,
"BIOSPHERE 2" conducting
[educational services, classes and
namely, operating a seminars in the
substantially closed field of science
ecological system for and the
the education of environment and
visitors] museum services
in the field of
science and the
environment]
2(d) Refusal "SCHIAPARELLI"
[refusal made Reversed [perfumes,
after colognes, and
submission of toilet waters]
statement of
use]
2(d) Refusal "MIRAMAR"
Affirmed [wine]
whether matter Refusal "BACK RELIEF"
asserted for Affirmed [combination
registration back
is capable of support and heat
registration massage device]
on the
supplemental
register
(genericness)
2(d) Opposition "MOORWOOD" "MAXWOOD"
Dismissed [heavy body and [stain, namely,
penetrating stains semi-transparent
for application to oil stain, solid
wood surfaces] hide oil stain,
and solid hide
latex stain for
use on wood,
stucco, masonry
and like surfaces]
2(d) Petition to "WILD PAIR" "WILD SOLES"
Cancel [shoes; retail store [shoes]
Granted services featuring
apparel, including
footwear]
Section 6 Refusal "IPS WELD-ON
disclaimer Affirmed POOL `R SPA"
requirement (and design)
(of words [multi-purpose
"POOL `R SPA") bonding adhesives
having a plastic
or elastomeric
base and adapted
for use with
various materials
including
plastics,
ceramics, rubber,
metal, glass,
paper, leather,
cloth, wallpaper,
wood, concrete,
and plaster]
Mark and
Goods of Registration Recommended
Cited by for
Examining Atty. Publication
No
No
"SCHIAPARELLI" Yes
(in stylized lettering)
[women's wearing
apparel and accessories;
handbags, tote bags, and
shopping bags made of
fabric and vinyl]
"MARIMAR" No
[wine]
No
No
No
No
(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; C=CANCELLATION; CU=CONCURRENT USE;
(R)=REQ. FOR RECONSIDERATION