Summary of Final Decisions
Issued by the
Trademark Trial and Appeal Board
September 30-October 4, 1996
Type Proceeding
Date of or Party/
Issued Case (1) App'n No. Parties
9-30 EX 74/376,544 L'Nard Restorative
Concepts, Inc.
9-30 EX 74/517,872 Finlay Fine Jewelry
Corp.
10-2 EX 74/287,220 Darren Rittenhouse
10-2 EX 74/326,998 Burke Marketing
Research
10-3 EX 74/429,188 Gayman
Manufacturing, Inc.
10-3 EX 74/467,527 Clean-Pro U.S.A.,
Inc.
10-3 EX 74/498,215 Graphix Zone, Inc.
10-3 OPP 78,510; Block Drug Company,
79,243 Inc. v.
Molnlycke AB
10-4 EX 74/321,532 Tuboscope Vetco
International Inc.
10-4 EX 74/346,870 Rugged Sportswear,
Inc.
10-4 EX 74/393,257 Telesource, Inc.
10-4 EX 74/437,008 Investors Trust
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
whether the con- Refusal configuration of
figuration sought to Affirmed foot splint
be registered is de (only on [foot orthosis
jure functional and, ground that device]
if not, whether it configuration
has acquired has not
secondary meaning acquired
and is, therefore, secondary
registrable under meaning)
Sec.2 (f)
whether proposed Refusal "NY JEWELRY
amendment of Reversed OUTLET"
mark to conform (sought to be
to specimens amended to "NEW
constitutes YORKJEWELRY
material OUTLET")[retail
alteration of jewelry store
mark services]
2(a) (falsely Refusal "O's"
suggests a Affirmed (and design)
connection with (on both [clothing namely,
the Baltimore grounds) t-shirts and caps]
Orioles baseball
team and its
owners); 2(d)
2(e)(1) Refusal "FISCAL"
Reversed [marketing research
services and
conducting market
research studies]
whether mark in Refusal "SHURLOCK FOR
drawing is Reversed HOMES"
mutilation of mark (and design)
mark in specimens [metal adjustable
bar for securing
doors in a
closed, locked
position]
2(d) Refusal "CLEAN-PRO U.S.A."
Reversed (stylized)
[janitorial
services for
commercial and
industrial
premises]
2(e)(1) Refusal "IMCD"
Affirmed [interactive com-
pact disc read
only memory
featuring music]
2(d) Oppositions "PROMISE" "PROMISE"
Sustained [desensitizing [perineal wash toothpaste] and conditioner;
cream and con-
ditioner;
disposable pre-
moistened
washcloths]
whether term sought Refusal "THRU-KOTE"
to be registered is Reversed [connecting and
used as trademark, joining of tubular
or, rather, only to goods of others by
identify process welding]
2(e)(1) Refusal "RUGGED
Affirmed SWEATS"
[sportswear,
namely,
sweatshirts,
sweatpants,
t-shirts,
jogging suits,
and athletic
shorts]
2(d) Refusal "ELECTRONIC
Reversed RESOURCE THE
LAST WORD IN
ELECTRONIC
SERVICES"
(and design)
[maintenance and
repair of electronic
equipment;
remanufacture of
electronic equipment
to the order and/or
specification of
others]
2(e)(1) Refusal
Reversed "INVESTORS TRUST"
[financial services,
namely, mutual fund
services]
Goods of Registration Recommended
Examining Atty. Publication
No
Yes
"ORIOLES BALTIMORE" No
(and design)
[shirts and caps];
"ORIOLES"
(and design)
[t-shirts and caps];
"WHY NOT"
(and design)
[t-shirts]; etc.
No
No
"PRO-KLEEN" No
[cleaning of residential
and commercial
buildings]
No
No
No
No
"RESOURCE-ELECTRONICS" No
and "RESOURCE-ELECTRONICS"
(and design)
[distributorship services
in the field of electronic
parts, components and
supplies]
No
(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT
USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION