Summary of Final Decisions Issued by the Trademark Trial and Appeal Board April 13-17, 1998 Date Type of Proceeding Issued Case (1) or App'n No. Party/Parties 4-14 EX 74/421,666 Pingel Enterprise, Inc. 4-14 CANC 26,657 Wellcome Founda- (MD) tion Ltd. v. Merck & Co., Inc. 4-14 OPP 97,778 Isolab, Inc. v. Genzyme Corp. Opposer's/ Applicant's/ Petitioner's Respondent's TTAB Mark and Mark and Issue Decision Goods/Services Goods/Services de jure Refusal configuration of a function- Affirmed fuel valve for ality; dis- (on both motorcycles [fuel tinctiveness grounds) filters and under Sec. valves] 2(f) whether Motion to configuration of respondent's Dismiss an "irregular registration Granted shield-shaped should be [Petition tablet" cancelled to Cancel [pharmaceutical because: Denied] preparation for (1) the draw- use as an anti- ing does not hypercholesterol- comport with emic agent] current draw- ing require- ments and/or (2) the de- scription of the mark is too broad 2(d); Opposition "LDL-DIRECT" "DIRECT LDL" whether op- Sustained [blood testing [diagnostic rea- poser's mark equipment and rea- gents for the is deceptive- gents, including immunoseparation ly misde- in vitro choles- of cholesterol scriptive terol test kits] components in [2(e)(1)] or vitro] deceptive [2(a)] Mark and Citable as Goods Cited by Precedent Examining Atty. of TTAB Yes Yes No (1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION