Summary of Final Decisions

                                 Issued by the

                       Trademark Trial and Appeal Board

                             February 12-16, 1996


                Type            Proceeding
Date            of              or                      Party/
Issued          Case (1)        App'n No.               Parties

2-13            EX              74/443,190              Gotham Apparel
                                                        Corp.

2-13            EX              74/395,722              Helux Trading Co.,
                                                        Ltd.

2-13            EX              74/474,905              Magic Hat Brewing
                                                        Co. & Performing
                                                        Arts Center, Inc.

2-13            EX              74/318,680              S. Freedmann &
                                                        Sons, Inc.

2-13            EX              74/344,966              Pillowtex Corp.

2-13            OPP             81,275                  David F. Roth v.
                OPP             81,944                  Larry Levine

2-14            EX              74/225,800              Kingston
                                                        Technology Corp.

2-14            EX              74/228,614              Henry Co.

2-14            EX              74/413,168              Kelser Ltd.
                EX              74/413,168

2-14            EX              74/342,497              Six Flags Theme
                                                        Parks, Inc.

2-14            EX              74/358,995              Ralph Garcia

2-15            CANC            17,554                  Virginia L.
                CANC            18,038                  Stocker
                                                        and William L.
                                                        Perry v.
                                                        General Conference
                                                        Corp. of
                                                        Seventh-Day
                                                        Adventists


                                Opposer's/              Applicant's/
                                Petitioner's            Respondent's
                TTAB            Mark and                Mark and
Issue           Decision        Goods/Services          Goods/Services

2(d)            Refusal                                 "COTTONMANIA"
                Reversed                                (and design)
                                                        [clothing
                                                        composed in
                                                        either whole or
                                                        substantial part
                                                        of cotton, namely,
                                                        sweaters,
                                                        T-shirts,
                                                        sweatshirts,
                                                        jackets, vests and
                                                        pants for men,
                                                        women and
                                                        children]

2(d)            Refusal                                 "SONIC"
                Affirmed                                [watches and parts
                                                        and fittings
                                                        therefor]

Section 6       Refusal                                 "MAGIC HAT"
disclaimer      Reversed                                [condoms]
requirement
[of word
"HAT"]

2(d);           Refusal                                 "PARTY MART"
Section 6       Reversed                                (and  design)
disclaimer      (on both                                [retail store
requirement     grounds)                                services
(of word                                                in the field
"MART")                                                 of paper and
                                                        plastic party
                                                        supplies]

2(d)            Refusal                                 "GOODNIGHT PILLOW"
                Affirmed                                [pillows]

2(d);           Opposition      "FUZZBALL"              "FUZZ-BALLS"
counter-        Dismissed       [dolls and clothing     [iron-on heat
claim on        (because of     items, including        transfers];
grounds of      opposer's       t-shirts with decals]   "FUZZBALLS"
abandonment     failure                                 [greeting and note
                to prove                                cards, posters,
                proprietary                             dress sets
                rights                                  consisting of
                in its                                  dresses and
                pleaded                                 bottoms or
                mark);                                  pantaloons]
                Counterclaim
                for
                Cancellation
                Granted

2(d)            Refusal                                 "DATA KEEPER"
                Affirmed                                [digital audio
                (but only as                            tape drives for
                to cited                                use with
                registration                            a personal
                of mark                                 computer or work
                "DATAKEEPER")                           station]

whether         Refusal                                 "#1 CHOICE OF
applicant's     Reversed                                PROFESSIONALS"
mark has                                                [roof cements and
become                                                  coatings, etc.]
distinctive
under
Section 2(d);
whether
the matter
asserted for
registration
is used
as--and
functions
as--a
trademark
for the goods
identified
in the
application

2(d)            Refusal                                 "RE-MARKABLE VIDEO
                Affirmed                                TAPE MARKING
                (in both                                SYSTEM" and
                cases)                                  "REMARKABLE"
                                                        [both marks for a
                                                        marking system
                                                        comprising a self-
                                                        contained opaque
                                                        sketching or
                                                        writing screen and
                                                        pen used in
                                                        connection
                                                        therewith
                                                        for use in
                                                        labeling
                                                        video tapes]

2(d)            Refusal                                 "THE WORLD OF
                Affirmed                                FUN NOT A WORLD
                                                        AWAY"
                                                        [entertainment
                                                        services, namely,
                                                        theme park
                                                        services]

2(a)            Refusal                                 "FRIG EWE"
[immoral or     Affirmed                                (and design)
scandalous                                              [envelopes,
matter]                                                 stationery,
                                                        bumper stickers,
                                                        greeting cards,
                                                        audio and video
                                                        tapes, books,
                                                        t-shirts, hats,
                                                        board games,
                                                        computer game
                                                        programs,
                                                        inflatable
                                                        float mattresses,
                                                        stuffed animals,
                                                        etc.]

genericness;    Petition                                "SEVENTH-DAY
fraud           to Cancel                               ADVENTISTS"
                Denied                                  [religious books,
                (in both                                magazines,
                cases)                                  pamphlets,
                                                        newsletters,
                                                        brochures,
                                                        encyclopedias,
                                                        dictionaries,
                                                        commentaries,
                                                        fliers,
                                                        bulletins,
                                                        yearbooks,
                                                        booklets
                                                        and bibles;
                                                        administration
                                                        of employee
                                                        health care
                                                        and benefit
                                                        programs
                                                        and medical
                                                        insurance
                                                        programs;
                                                        educational
                                                        instruction
                                                        services in
                                                        academics
                                                        at grade
                                                        school, high
                                                        school and college
                                                        level; film
                                                        production and
                                                        distribution
                                                        services;
                                                        health care
                                                        services, namely,
                                                        hospital, dental,
                                                        pharmaceutical,
                                                        nursing home, and
                                                        medical laboratory
                                                        services;
                                                        conducting
                                                        religious
                                                        observances
                                                        and missionary
                                                        services]



Mark and
Goods of Registration                           Recommended
Cited by                                        for
Examining Atty.                                 Publication

"MANIA"                                         No
[socks and hosiery]

"CHRONO SONIC"                                  No
[electronic watches]

                                                No

"THE PARTY                                      No
SUPERMARKET"
(in stylized lettering)
[retail store and
distributorship services
in the field of party
supplies, party favors
and novelty items]

"GOOD NIGHT"                                    No
[mattresses and box
springs]

                                                No

"DATAKEEPER"                                    No
[data terminals for
entry, validation,
storage and display of
data and
communication of
data to a central
computer system];
"DATAKEEPER CENTRAL"
[computer software
for collecting
information from
data-collecting
hardware and adapting
the same in format
useful for billings,
order entries, time and
attendance functions,
labor costing, job
costing and factory
data collection]

                                                No

"RE-MARKABLES"                                  No
(in stylized lettering)
[multiple function card
that can be written on
and erased]

"WORLD OF FUN"                                  No
(and design)
[amusement park
services]

                                                No

                                                Yes

(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; C=CANCELLATION; CU=CONCURRENT USE;
(R)=REQ. FOR RECONSIDERATION