Summary of Final Decisions Issued by the Trademark Trial and Appeal Board July 7-11, 1997 Type Proceeding Date of or Party/ Issued Case (1) App'n No. Parties 7-7 EX 74/483,835 Samar S.p.A. 7-7 EX 74/522,760 Perfect Fit Industries, Inc. 7-7 OPP 99,224 Pumpkin, Ltd. v. (MR) Seed Corps 7-8 EX 74/575,488 Sunshine Products Holding GmbH 7-8 EX 74/661,908 Diamond Rug & Carpet Mills, Inc. 7-8 EX 74/305,777 Radiant Tech- nology, Inc. Opposer's/ Applicant's/ Petitioner's Respondent's TTAB Mark and Mark and Issue Decision Goods/Services Goods/Services 2(d) Refusal "GREEN EARTH" Affirmed [t-shirts, caps, panties, sweat- shirts, jogging suits, etc.] 2(d) Refusal "HOME COMFORT" Affirmed [pillows and chair cushions] whether op- Motion to "PUMPKIN "MASTER poser could Reopen MASTERS" PUMPKIN CARVER" show "excusa- Denied; [kit for (and design) ble neglect" Opposition pumpkin [teaching children under Fed. R. Dismissed carving] gardening and Civ. P. 6(b)- safety education to reopen its by means of testimony sponsoring pumpkin period carving contests] 2(d) Refusal "SUNSHINE" Reversed (and design) [tennis shoes, sweat pants, sweat shirts, sport caps, sweat bands, sweat socks, jackets and shoes for men and women] 2(e)(1) Refusal "PET-PROOF" Affirmed [textile carpet] whether the Refusal "RADIANTPANEL" matter asser- Affirmed [household hot ted for water baseboard registration heaters] is capable of registration on the Supp. Register (Sec. 23) or is, rather, a generic term as applied to applicant's goods Mark and Citable as Goods Cited by Precedent Examining Atty. of TTAB "GREEN PLANET No HARMONY ON EARTH" (and design) [t-shirts, sweatshirts and sweatpants, baseball caps, polo-type shirts, tank tops, socks, light sweaters, wind resistant jackets] "HOME COMFORT No FURNITURE & MATTRESS CENTER" [retail furniture store services] Yes "SUNSHINE HOUSE" No [t-shirts, sweat shirts, swim suits, wet suits, walking shorts, jackets]; "SUNSHINE STUFF" [girls' pants, dresses, shorts, etc.] No No (1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION; (MR)=MOTION TO REOPEN