Summary of Final Decisions Issued by the Trademark Trial and Appeal Board
March 30 - April 3, 1998
Date Type of Proceeding
Issued Case (1) or App'n No. Party/Parties
3-31 EX 74/671,877 House of
Westmore, Inc.
3-31 OPP 101,017 Burkard Publishing
Corp. and Eugene
R. Burkard v.
John A. Towsley
4-1 OPP 94,794 Nabisco, Inc., v.
Bluebonnet Nutri-
tion Co.
4-2 EX 74/166,555 Bell & Howell Doc-
ument Management
Products Co.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(d) Refusal "PRISMATIQUE
Affirmed COLOUR"
[cosmetics,
namely, liquid
foundation]
2(d) Opposition "BUNS" "NICE BUN"
Sustained [underwear pants [men's and women's
(but only as for men and women] clothing, namely,
to opposer jeans, slacks,
Eugene R. shorts, underwear,
Burkard) and swimwear]
2(d) Oppsition "BLUE BONNET" "BLUEBONNET"
Sustained [oleomargarine] (and design)
[dietary supple-
ments]
genericness; Refusal "IMAGE SEARCH"
whether ap- Reversed [microfilm com-
plicant's puter-assisted
mark has document manage-
acquired dis- ment and retrieval
tinctiveness system, comprising
and is regis- microfilm camera,
trable under microfilm reader/
Sec. 2(f) printer, computer
record server,
computers, com-
puter monitors,
computer printers
and system soft-
ware, all for the
storage, retrieval
and management of
documents and
information]
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
"PRISMATIC" No
[liquid make-up
preparation for the face,
which can also be used
as a powder base]
No
No
No
(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT
USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION