Summary of Final Decisions
Issued by the
Trademark Trial and Appeal Board
December 2-6, 1996
Type Proceeding
Date of or Party/
Issued Case (1) App'n No. Parties
12-2 EX 74/515,675 Metagenics, Inc.
12-2 EX 74/533,633 Breadsmith
Franchising, Inc.
12-3 EX 74/463,751 Ronald C. Cosser
12-3 EX 74/538,222 Marin Mountain
Bikes, Inc.
12-3 EX 74/538,223 Marin Mountain
Bikes, Inc.
12-3 EX 74/495,933 Giltech, Inc.
12-4 EX 74/426,267 DHL Airways, Inc.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(d) Refusal "MONSTER 1100"
Affirmed [nutritional
supplements,
namely high
calorie powder
drink mix providing
electrolytes,
vitamins,
proteins and
carbohydrates]
2(d) Refusal "BREADSMITH"
Affirmed (and design)
(but only on [baked goods,
the basis of namely, bread,
the cited muffins, cookies,
registration croutons; retail
for the bakery store
mark "THE services]
BAGELSMITH"
2(d) Refusal "THE CRAFTSMAN"
Affirmed (and design)
[but only on [furniture]
the basis of
the cited
registration
for the
mark "CRAFTS
MAN SHOPPE
CS"
(and design)]
2(e)(2) Refusal "SAN RAFAEL"
Reversed [bicycles]
2(e)(3) Refusal "SAUSALITO"
Reversed [bicycles]
2(d) Refusal "1919"
Affirmed [frozen desserts
and ice cream]
Section 6(a) Refusal "DHL GLOBALTRACK"
disclaimer Affirmed [satellite tracing
requirement of documents and
(of word parcels delivered
"GLOBALTRACK") by air and
courier]
Mark and
Goods of Registration Recommended
Cited by for
Examining Atty. Publication
"MONSTER MASS" No
[nutritional
supplement,
namely, a protein
and carbohydrate
powder for use for
weight gain]
"THE BAGELSMITH" No
[restaurant,
bakery and deli
services]; two
word-and-design
marks (each
featuring the
graphic represen-
tation of a child,
seated and holding
a bag on which the
word "BAGELSMITH"
appears in small
letters)
[restaurant,
bakery and deli
services]
"THE ART OF THE No
CRAFTSMAN"
[furniture];
"CRAFTSMAN
SHOPPE CS"
(and design)
[wooden furniture]
No
No
"1919" No
[handmade
chocolate
candy]
No
(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT
USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION