Summary of Final Decisions
Issued by the
Trademark Trial and Appeal Board
May 6-10, 1996
Type Proceeding
Date of or Party/
Issued Case (1) App'n No. Parties
5-7 EX 74/357,777 CompuVend Systems
Int'l., Inc.
5-7 EX 74/425,993 Compumation, Inc.
5-8 EX 74/057,478 Superior Products
Mfg. Co.
5-8 OPP 92,327 U.S. Healthcare,
Inc. v. Southern
Health Plan, Inc.
5-9 EX 74/449,817 Coleman Powermate,
Inc.
5-9 EX 74/426,132 Roland
Distributing,
Inc.
5-10 CANC 21,430 Milliken & Co. v.
(SJ) Image
Industries, Inc.
5-10 EX 74/402,608 Lotus Development
Corp.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(d) Refusal "ROUTE MASTER"
Reversed [computer hardware
and computer
software for
route inventory
management in the
vending industry
and product
distribution
industry]
2(d) Refusal "HIGH WIRE"
Affirmed [computer software
for the
transmission,
reception and
distribution of
electronic
documents and
accompanying
manuals]
2(d) Refusal "SUPERIOR"
Reversed [refrigerated
beverage
dispensing units,
refrigerators,
freezers,
refrigerated food
preparation
cabinets,
refrigerated and
frozen food
display cases,
electric hand
dryers and
electronic air
filters, for
commercial use]
2(d) Opposition Design of an "APPLE CARE"
Dismissed apple (and (and apple design)
other marks [organization and
incorporating the administration of
word "APPLE" and/or prepaid health
an apple design) care plans]
[organizing,
underwriting, and
administering pre-
paid health care
and related services]
2(d) Refusal "CLEANMACHINE"
Affirmed [electric pressure
washers and
machine parts for
electric pressure
washers, namely,
sandblaster
attachments, foam
wands, and
extension hoses]
2(d) Refusal "EVEREST"
Affirmed [bicycles]
2(d); Petitioner's "WEAR ON" "WEARLON"
affirmative motion for (in stylized [carpeting]
defenses of summary lettering) and "WEARLON +"
latches and judgement [nylon fiber sold [carpet fibers
fraud; denied as to only in finished incorporated in
counterclaim 2(d) ground carpeting] carpeting having
requesting for cancella- soil, stain
restriction of tion and as to and wear
cancellation affirmative resistant
petitioner's defenses of properties]
registration, laches and
under Sec. 18 fraud;
petitioner's
motion for
summary
judgment
granted
as to
counterclaim
based on Sec.
18
2(e)(1); Refusal "GROUP PACK"
whether the Reversed [computer software
goods are for use in
indefinitely information
identified in management, data
the application and text
processing,
networking and
electronic mail]
Mark and
Goods of Registration Recommended
Cited by for
Examining Atty. Publication
"ROUTE-COMMANDER" No
[computer hardware,
namely, portable and
mobile hand-held
computers and data
utilization devices
composed of terminals,
keyboards, recorders
and consoles]
"HIWIRE" No
[computer programs]
"SUPERIOR" No
[charging valves and
refrigerant dispensing
valves; refrigeration
valves]
No
"CLEAN MACHINE" No
[all purpose vehicle
cleaner; brushes for
cleaning, scrubbing and
dusting vehicles]
EVEREST" No
(and design)
[structural parts for
bicycles, namely, seat
lugs and fork crowns]
No
Yes
No
(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; C=CANCELLATION; CU=CONCURRENT USE;
(R)=REQ. FOR RECONSIDERATION