Summary of Final Decisions Issued by the Trademark Trial and Appeal Board January 5-9, 1998 Type Proceeding Date of or Party/ Issued Case (1) App'n No. Parties 1-6 OPP 96,771 Office Express, Inc. v. Indepen- dent Stationers, Inc. 1-6 EX 74/620,616 Sports Heritage, U.S.A. Inc. 1-7 EX 75/020,313 Calrio Corp. 1-7 EX 74/657,225 Integrated Health, Inc. 1-8 EX 74/508,101 Deutsche Star GmbH Opposer's/ Applicant's/ Petitioner's Respondent's TTAB Mark and Mark and Issue Decision Goods/Services Goods/Services 2(d) Opposition "OFFICE EXPRESS" "OFFICE PLUS Sustained [retail store EXPRESS" services in [retail and mail the field of order store ser- office products] vices in the fields of office supplies, furni- ture and office equipment, and computers and com- puter equipment; catalog services featuring office supplies, furni- ture and office equipment, and computers and com- puter equipment; printing and de- signing business cards, forms and rubber stamps for others] 2(d) Refusal "BOSTON Affirmed PILGRIMS" [t-shirts, sweat- shirts, jerseys, hats/caps, sport shirts, and jackets] 2(d) Refusal "LADY ESSENCE" Affirmed [body shapers] 2(d) Refusal "VIVA LIFT" Affirmed [nutritional (as to both supplements, name- cited regis- ly, vitamins, trations) amino acids and combinations of same] 2(e)(1) Refusal "RAIL SEAL" Reversed [cover strips for linear bearing rails] Mark and Citable as Goods Cited by Precedent Examining Atty. of TTAB No "PILGRIM" No [shirts, pants, jackets, sweaters, coats, shorts, skirts, dresses, blouses and hats] "ESSENCE" No [panty hose and t-shirts] "VIVA SHIELD" No [vitamins and food supplements] and "VIVA FOR LIFE" [vitamins and food supplements] No (1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION