Summary of Final Decisions
Issued by the
Trademark Trial and Appeal Board
September 1-5, 1997
Type Proceeding
Date of or Party/
Issued Case (1) App'n No. Parties
9-2 EX 74/276,765 Maytag Corp.
9-2 EX 74/610,374 Five Star
Productions,
LLC
9-4 OPP 96,651 Rolex Watch
U.S.A., Inc.
v. Reuben
Teves
9-4 EX 74/512,671 Franco's Res-
taurants Ltd.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(e)(1) Refusal "MICRO-MESH"
[genericness/ Affirmed [filters for
mere descrip- as to mere dishwashing
tiveness] descriptive- machines]
ness, but
registration
allowed in
view of ap-
plicant's
alternative
claim of
distinctive-
ness under
Sec. 2(f)
2(d) Refusal "COMMONSENSE"
Affirmed [calendar desk
pads and sta-
tionery]
2(d) Opposition design consisting design incorpor-
Sustained of a crown ating a crown and
[timepieces of all a jeweler's saw-
kinds and parts frame
therefor] [jewelry, namely,
rings, pins,
brooches, pen-
dants, necklaces,
earrings, tie
tacks, charms,
bracelets, etc.]
2(d) Refusal "FRANCO'S"
Affirmed [restaurant and
carry-out ser-
vices, namely,
for pizza and
spaghetti]
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
No
"COMMON SENSE" No
and "SHIPMAN'S
COMMON SENSE"
(and design)
[file folders and binders]
No
"FRANCO'S DELI" No
(and design)
[sandwiches, namely,
cheeseburgers, BBQ,
chicken, sausage, and
submarine sandwiches]
(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT
USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION