Summary of Final Decisions Issued by the Trademark Trial and Appeal Board September 9-13, 1996 Type Proceeding Date of or Party/ Issued Case (1) App'n No. Parties 9-9 EX 74/349,711 PNC Bank Corp. 9-9 EX 74/263,931 Cabot Laboratories, Inc. 9-10 EX 74/461,350 Associated Grocers, Inc. 9-11 OPP 87,577 Quality Stores, Inc. v. Essenburg Car Wash of Holland, Inc. 9-11 EX 74/475,823 SABH (U.S.) Water Heater Group, Inc. 9-11 EX 74/423,025 John Fluevog Shoes, Ltd. 9-13 OPP 90,346 Slim N' Trim, OPP 95,531 Inc. v. Weight Watchers, Int'l. 9-13 EX 74/504,865 Guardian Royalty Corp. 9-13 EX 74/246,176 Fonte Sole Holding AG Opposer's/ Applicant's/ Petitioner's Respondent's TTAB Mark and Mark and Issue Decision Goods/Services Goods/Services whether the Refusal "BASIC PLAN" matter Reversed [banking services] asserted for registration is capable of functioning as a service mark for the services recited in the application and, therefore, registrable on the Supp. Reg. 2(d) Refusal "BIOCEL" Affirmed [cosmetics, namely, cosmetic creams and lotions for face and body] 2(d) Refusal "SPARKLE" Affirmed [ice cream] 2(d); Opposition several marks "QUALITY" and "Q" counterclaim Sustained; incorporating the word design [car wash for counterclaim "QUALITY" and/or "Q" services, retail cancellation for [retail department convenience store on grounds cancellation store services services and of non-use dismissed specializing in retail services and the sale of of gasoline abandonment automotive, and petroleum home, and farm products] products] 2(d) Refusal "TINY TITAN" Affirmed [water heaters for domestic or commercial or industrial use] whether the Refusal configuration of matter Reversed seven angels asserted for spaced along registration the bottom surface functions or tread or as a outersole of trademark a shoe or boot and for encircling applicant's applicant's logo goods or is, [shoes and boots] instead, merely ornamental matter 2(d) Both "SLIM" "WEIGHT oppositions (and design) WATCHERS SLIM sustained [non-fat milk]; SHAKE" "SLIM CHEEZ" [milk-based [cottage cheese]; powdered "SLIM FREEZ" mixes for making [frozen ice milk shakes; frozen dessert]; et al. yogurt]; "SLIM SHAKE" [meal replacement drinks] 2(d) Refusal "GUARDIAN Affirmed PERSONAL SECURITY PRODUCTS" [mail order catalog services featuring personal security equipment] 2(d) Refusal "SOLE" Reversed (and design) [mineral water, spring water, aerated water, natural fruit flavored mineral and spring water] Mark and Goods of Registration Recommended Cited by for Examining Atty. Publication No "BIO-CELLULAR" No [cosmetics skin cream] "SPARKLES" and No "BRACHS SPARKLES" [candy] No "TITAN" No [portable electric space heaters] No No "THE GUARDIAN No PROTECTION IDENTIFIER DEVICE PD" (and design) [non-lethal individual protection device containing calcium spray] "SOLE" No [wine] (1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION