Summary of Final Decisions
Issued by the
Trademark Trial and Appeal Board
February 16-20, 1998
Type Proceeding
Date of or Party/
Issued Case (1) App'n No. Parties
2-17 EX 74/651,845 Valley Dental,
Inc.
2-19 EX 74/254,945 Controls Corp. of
America
2-20 EX 74/677,107 WoodenBoat
Publications, Inc.
2-20 EX 74/586,109 La Salsa Holding
Co.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
whether, as Refusal "TOOTH TOTS CLUB"
evidenced by Reversed [promoting
the specimens dental health to
of record, children]
the matter
sought to be
registered is
being used
as a service
mark for the
services re-
cited in the
application;
whether a
more definite
recitation of
services is
required
de jure func- Refusal configuration of
tionality (of Affirmed applicant's goods
a product [a seat and filter
configura- assembly for gas
tion) regulators]
2(d) Refusal "HOPE MAGAZINE"
Affirmed (and design)
[magazines of
inspirational
stories and
information]
whether the Refusal Af- "FRESH MEXICAN
matter sought firmed, in GRILL"
to be regis- the absence [restaurant
tered is of disclaimer services]
capable of of the words
registration "MEXICAN
on the Sup- GRILL"
plemental [matter found
Register capable of
registration
on the Supp.
Reg. upon
submission of
required
disclaimer]
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
No
Yes
"HOPE MAGAZINE" No
[magazines dealing
with homelessness]
No
(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT
USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION