Summary of Final Decisions
Issued by the
Trademark Trial and Appeal Board
February 9-13, 1998
Type Proceeding
Date of or Party/
Issued Case (1) App'n No. Parties
2-10 EX 74/602,615 J. Kinderman &
EX 74/602,616 Sons, Inc.
2-11 EX 74/557,722 Standard Register
Co.
2-12 OPP 94,948 Trek Bicycle,
Corp. v. Alyx Fier
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
whether the Refusal two different
matter sought Affirmed package config-
to be regis- (in both urations for ap-
tered (con- cases) plicant's goods:
sisting of (1) a red, rec-
product con- tangular container
figurations traversed by a
combined with gold band, with a
various de- green-colored box
sign ele- in the upper left
ments) func- front corner of
tion as in- the container and
herently dis- eight-point star
tinctive designs displayed
trademarks upon the container
for appli- and (2) a green,
cant's goods rectangular con-
or, rather, tainer traversed
function by a gold band,
merely as with a red-colored
product orna- box in the upper
mentation left front corner
of the container
and eight-point
star designs dis-
played upon the
container [both
container config-
urations claimed
as trademarks for
Christmas decora-
tions, namely,
electric lights
for trees]
2(e)(1) Refusal "ISG TALK FREE"
Reversed [telephone calling
cards]
2(d) Opposition "TREK" "TREKNOLOGY"
Sustained [bicycles and bi- (and design)
cycle frames; [travel bags and
travel bags and all purpose ath-
all purpose ath- letic bags]
letic bags];
"TREKNOLOGY"
[promotional use
in connection with
sales of bicycles
and related
products]
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
Yes
No
No
(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT
USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION