Date Type of Proceeding Issued Case (1) or App'n No. Party/Parties 4-6 EX 75/218,564 June McIntyre 4-6 EX 75/218,284 Elan U.S.A., Inc. 4-6 EX 74/439,206 Ennco Display EX 74/439,207 Systems, Inc. EX 74/439,613 EX 74/439,614 EX 74/439,618 EX 74/439,619 EX 74/439,980 EX 74/439,981 Opposer's/ Applicant's/ Petitioner's Respondent's TTAB Mark and Mark and Issue Decision Goods/Services Goods/Services whether Refusal "QUIET HEART the matter Affirmed SPACE" asserted for [pre-recorded registration audio cassettes functions as and compact discs a trademark featuring medita- for tions and music] applicant's goods or is, rather, merely the title of a single work 2(d) Refusal "ELAN U.S.A." Affirmed [warm-up suits, jogging suits, casual shirts and pants, running pants and shirts, t-shirts, jackets, beach ensembles comprising shorts, bathing suits and men's jackets, men's and women's bathing suits and leotards] whether Refusal configurations applicant's Affirmed of: eyeglass lens product (in all holder, eyeglass/ configura- 8 cases) spectacle frame tions are display holders (6 either different config- inherently urations), and distinctive eyeglass/spectacle or have frame display acquired dis- holder bracket tinctiveness under Section 2(f) Mark and Citable as Goods Cited by Precedent Examining Atty. of TTAB No "ELAN" No [fur clothing, namely, coats] No (1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION; (MD)=MOTION TO DISMISS; (MR)=MOTION TO REOPEN